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LIBRARY 


UNIVERSITY  OF  NORTH  CAROLINA 


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UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


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FOR  USE  ONLY  IN 

THE  NORTH  CAROLINA  COLLECTION 
2tii|_IiTLE  HAS  BEEN  MlCROFiLMED 


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H  flDcinoir. 


Huou8tu8  Summerfielb  nDerriinon. 


**1Uitb  Cbrist,  wbicb  is  tar  better/' 


A    TRIBUTE 

TO    THE    MEMORY    OF   MY 

BELOVED    FATHER. 


PREFACE. 

This  sketch  was  written  for  the  relatives  and  friends 
of  him  to  whose  memory  these  pages  are  dedicated,  and 
beino-  written  for  those  who  loved  him  and  who  feel  more 
than  a  mere  passing  interest  in  his  life  and  work,  I 
feel  that  there  is  little  need  of  apologizing  to  them  for  its 
defects,  in  a  literary  point  of  view,  and  trnst  that  they 
will  be  overlooked  in  according  this  tribnte  its  only  claim 
to  merit — that  of  being  what  it  is,  a  work  of  love. 

The  greater  part  of  the  material  for  the  sketch  has  been 
obtained,  as  a  matter  of  conrse,  from  relatives  and  friends  ; 
from  sketches  written  in  the  past;  from  old  letters  and 
press-cuttings.  These  are  responsible  for  many  of  the 
facts  brought  forward. 

As  to  the  character  and  personality  of  the  subject,  it  has 
been  my  object  to  delineate  it  plainly  and  truthfully,  as  I 
knew^  it  and  revered  it. 

If  this  description  of  a  noble,  upright  life  will  be  able, 
under  God's  blessing,  to  adequately  express  the  grand  pos- 
sibilities of  attainment  for  integrity  and  Christian  man- 
hood, and  thereby  become  even  a  tiny  seed  which  will 
bear  eood  fruit,  this  tribute  will  not  have  been  written  in 
vain.  A  wreath  of  memories,  it  is  laid  upon  the  shrine  of 
parental  love  by  one  whom  my  father  knew  as 

''Birdie." 


HIS  YOUTH  AND  EARLY  MANHOOD. 


In  that  garden-spot  of  the  Old  North  State,  in  what  was 
tlien  Buncombe  county,  but  is  now  Transylvania,  was  born 
the  subject  of  this  memoir,  Augustus  Summerfield  Mer- 
RiMOX.  He  came  into  the  world  at  the  home  of  his  grand- 
father on  the  15th  of  September,  1830.  The  old  home 
was  called  ' '  Cherryfields, ' '  and  it  was  noted  at  that  time  and 
in  that  section  for  its  great  fertility  and  beauty.  Inclosed 
by  mountains  on  all  sides  upon  whose  summits  seemed  to 
gently  rest  the  great  blue  dome  above,  the  lovely  valley 
appeared  shut  off  from  its  surroundings  and  a  portion  dis- 
tinct and  separate  from  them. 

In  this  peaceful  spot,  beauty  in  Nature's  grandest  forms 
meets  the  eye,  and  with  such  surroundings  lived  the  woman 
whose  character  was  shaped  after  God's  beautiful  plan  for 
Christian  womanhood,  the  one  who  was  destined  to  mould 
into  goodly  form  the  impressionable  character  of  her  son. 
Her  parents  were  William  Paxton,  brother  of  Judge  Paxton, 
at  one  time  Judge  of  the  Superior  Court  of  North  Carolina, 
and  Sarah  Grace  McDowell  Paxton,  a  daughter  of  General 
Charles  McDowell,  who,  as  well  as  his  brother.  General 
Joseph  McDowell,  served  with  distinction  in  the  Revolu- 
tionary War. 

Mary  Paxton,  it  is  said,  was  a  very  beautiful  girl.  She 
had  soft,  silky  brown  hair,  which  her  son  inherited,  and 
bright,  sparkling  eyes,  which,  with  \\^x  petite  figure,  doubt- 
less added  charm  to  a  personality  that  possessed  above  all 
other  charms  the  fadeless  lustre  of  soul-beauty,  the  grace 
of  a  meek  and  quiet  spirit.      In  later  years  one  who  loved 


8  AUGUSTUS    SUMMERFIELD    MERRIMON. 

her  told  his  children,  her  grandchildren^  of  her  affable 
manners  and  gentle  nature,  of  the  light  tread  of  her  little 
feet  that  one  could  scarcely  hear  at  times  as  she  walked 
across  the  floor,  and  of  such  qualities  that  seemed  charac- 
teristic of  her. 

Of  the  ancestors  of  Branch  H.  Merrimon  little  is  known. 
He  was  born  in  Dinwiddie  county,  Virginia,  but  the  family 
afterwards  moved  to  Tennessee.  Branch  was  a  eav  and 
thoughtless  youth,  but  there  came  a  great  chauge  into  his 
life  when  his  youthful  thoughtlessness  was  stopped  by  the 
great  questions  of  eternity  and  the  salvation  of  souls.  He 
dedicated  his  life  to  the  service  of  his  Maker,  and  con- 
nected himself  with  the  Holston  Conference  of  the  Metho- 
dist Episcopal  Church,  South.  In  the  course  of  his  min- 
istrations in  his  circuit  he  met  Mary  Evelyn  Paxton  and 
married  her. 

Branch  Merrimon,  with  his  young  wife,  came  to  live  at 
a  place  called  Mills'  River,  where  he  began  the  business 
of  merchandising  and  farming  in  addition  to  his  regular 
duties  as  a  minister  of  the  Gospel.  From  this  place  the 
little  family  moved  again  to  a  farm  on  the  old  stage-road 
leading  from  x\sheville  to  Hendersonville  and  beyond,  and 
here  the  mind  of  the  young  Augustus  began  to  be  sys- 
tematically trained  under  the  guidance  of  a  lady  then  liv- 
ing in  the  family,  Miss  Minerva  Cunningham,  afterwards 
Mrs.  Tatum,  a  woman  of  piety  and  sound  sense.  She 
remained  in  my  grandfather's  household  for  some  years, 
and  it  was  under  her  direction  that  my  father's  education 
began,  and  at  this  place  he  passed  his  childhood  days. 
He  has  told  me  of  his  games  with  his  sister,  one  of  his  few 
playmates,  when  she  would  pretend  to  be  an  hotel-keeper 
and  he  the  master  of  a  drove  of  hogs,  such  as  were  seen 
on   the  old  stage-roads  in  those  days.      He  w^ould  come  to 


A 


AUGUSTUS    SUMMERFIELD    MEKRIMON.  9 

inquire  of  the  would-be  hotel-keeper  if  she  could  shelter 
a  certain  number  of  hogs  for  the  night.  The  master  of  the 
imao-inarv  animals,  in  later  years,  has  told  me  of  his 
peculiar  crv  for  calling  them — a  desolate  wail,  as  the 
remembrance  sounds  in  my  ears  to-day.  Some  of  the 
striking  and  unique  names  that  he  applied  to  himself  and 
his  playmate  in  their  games  are  quite  amusing;  such  as 
these:  ''Mr.  and  Mrs.  Ramtinner,"  ^'Jimsneezer,"  "Bull- 
cooker." 

How  proud   he  was  when  his  father  bought  him  a  new 
suit  of  blue  cloth  with  brass  buttons!    He  would  count  the 
buttons  over  on  the  waistcoat,  touching  them,  one  by  one, 
the  while:    ''One  button,  buttoned;  two  button,  buttoned," 
repeating  methodically,  and  so  to  the  end.      In  this  festive 
attire  he  accompanied  my  grandfather  to  town  on  a  certain 
occasion,  and  while  there  witnessed   a   hanging,    the   first 
scene   of  the   kind  that  the  child  had  ever  looked    upon. 
Who  can  tell   but   that  his  youthful   mind  was  even  then 
impressed  by  the  inexorable  rigor,  the  stern  justice  of  law? 
It  was  not  very  long  before  the  family  moved  again  and, 
at  this  time,  to  a  large  and  beautiful  farm  on  Hooper's  Creek, 
about  fourteen  miles  from  Asheville.      Here  it  was  that  my 
father's  character  assumed  the  clearly  defined  features  which 
were  to  be  still  more  prominent  in  after  life  and  where,  even 
in  boyhood,  thoughts  and  feelings  seem  to  have  led  him  to 
fixedness  of  purpose  and  manly  resolutions  for  the  future. 
To  this  place  his  thoughts  often  reverted  in  after  years  in 
affectionate  remembrance,  and  he  has  said  that  that  valley, 
inclosed  by  its  sentinel  mountains,   was  the  loveliest  that 
his  eyes  had  ever  seen. 

The  house  was  an  old-fashioned  white  one,  crowning  the 
top  of  a  little  eminence  whose  sides  were  green  and  beau- 
tiful "in  the  sweet  summer-time,  long  ago."      At  the  foot 
2 


10  AUGUSTUS    SUMMERFIELD    MEKRIMOX. 

of  the  slope,  at  some  distance  from  the  house,  flowed  the 
creek  which  turned  the  saw-mill  still  further  away,  and 
over  the  bank  leaned  the  willows,  the  profusion  of  their 
drooping  heads  in  contrast  to  the  lofty  mountain-tops.  At 
such  a  place  as  this,  wnth  surroundings  so  well  calculated 
to  draw  the  boy's  thoughts  to  high  and  ennobling  views  of 
the  world,  with  Nature's  broad  domain  before  him,  and 
with  resources  suitable  for  the  beginning  of  an  eminently 
practical  education,  he  toiled  on  his  father's  farm.  Driv- 
ing the  sturdy  oxen  with  their  wood  loads,  or  on  duty  at 
the  saw-mill,  book  in  hand,  the  book  of  which  he  has  so 
often  spoken — Towne's  xA.nalysis — he  was  doing  a  double 
duty,  developing  himself  mentally  and  physically.  It  is 
probable  that  he  recognized  the  fact  that  the  best  educa- 
tions are  thoroughly  practical  and  that  the  youthful  mind 
more  clearly  comprehends  and  more  certainly  remembers 
theories  of  natural  philosophy  put  into  practice;  that, 
indeed,  a  mind  stuffed  with  theories  and  rules,  but  with 
no  experimental  knowledge,  is  like  an  engine  beautiful  as 
to  mechanism  but  with  no  motive-power. 

Augustus  was  the  eldest  of  a  large  family  which  num- 
bered seven  sons  and  three  dauo^hters.  Their  father,  thoutrh 
unable  to  give  them  the  best  educational  advantages,  ear- 
nestly desired  that  they  might  have  every  opportunity  that 
he  could  offer  them  for  improving  themselves  intellectually. 
He  strove  to  make  his  children  appreciate  the  value  of 
opportunity  and  of  storing  their  minds  with  the  wisdom 
that  perisheth  not  as  well  as  with  that  which  is  of  this 
world.  The  evening  salutation  often  was,  "Get  your 
books,  now,  and  go  to  reading."  None  but  the  All-seeing 
Eye  knows  with  how  much  earnestness  one  of  those  vounor 
minds  applied  itself  to  labor  that  was  destined  to  be  crowned 
with  merited  achievement. 


AUGUSTUS    SUMMERFIELD    MERRIMON.  11 

Had  a  better  record  been  kept  of  his  youthful  triumphs 
over  the  trials  of  early  school-days  one  might  tell  with 
more  minute  description  of  the  speeches  at  the  little  school- 
house  on  the  farm,  taught  by  Mr.  A.  T.  Livingston;  or  one 
might  describe  the  young  orator  representing,  perhaps, 
Patrick  Henry  or  Mark  Antony,  from  the  sloping  hill-sides 
addressing  the  woods  before  him  instead  of  an  impassioned 
mass  of  humanity. 

He  was  fond  of  mathematics  and  history,  and  seemed  to 
studv  his  books  with  earnestness  and  aviditv.  His  father 
never  had  any  trouble  with  him,  and  the  boy  from  early 
youth  showed  his  strength  and  nobility  of  character;  he 
never  did  a  mean  or  wicked  act  in  the  remembrance  of 
her  who  was  one  of  his  most  constant  companions  in  early 
life.  Among  the  number  of  those  early  playmates  was 
the  son  of  his  old  negro  nurse,  i\unt  Anis.  Felix  was  the 
name  of  the  little  negro  who  was  the  leader  and  the  life  of 
many  of  the  childish  games.  His  mother  had  been  given 
to, Mary  Paxton  at  her  marriage,  and  proved  herself  faith- 
ful to  her  duty  of  helping  rear  the  babies  of  the  household. 
This  old  negro  lived  to  a  venerable  age  and  died  some  years 
ago,  her  last  days  being  brightened  by  the  ministrations 
of  the  children  for  whom  she  had  cared  so  tenderly  in 
babyhood. 

And  thus  Augustus  Merrimon  grew  into  manhood  far 
from  the  false  practices  of  city  life,  his  mind  plainly, 
soundly  educated,  his  physical  being  well  developed,  and, 
above  all,  his  soul  nourished  from  imbibing  the  righteous 
characteristics  of  his  father — righteous  in  the  sense  of  mor- 
tal righteousness,  inasmuch  as  there  are  none  immaculate; 
no  human  life  without  its  human  frailties.  He  learned  to 
labor — to  believe  it  man's  prerogative  assigned  him  by  his 
Creator — to  labor  intelligently  and  to  believe  it  honest  and 


12  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

honorable.  Many  a  time  he  has  spoken  of  those  early 
days  when  on  the  top  of  wood  loads  he  drove  the  oxen,  or, 
like  Burns,  guided  the  plow  as  the  earth  gave  way  before 
the  advancing  shaft.  With  the  same  old  book  in  hand  he 
carried  these  duties  through  oftentimes,  and  thus  was  pre- 
paring himself  surely,  steadily  and  laboriously  for  the 
positions  of  honor  and  trust  which,  in  after  years,  the  peo- 
ple accorded  him.  It  seems  that  he  toiled  that  each 
to-morrow  might  find  him  more  advanced  in  the  path  of 
industrious  achievement  than  to-day. 

How  often,  when  the  boy  had  grown  into  the  man,  and  the 
dark  hair  was  silvered  by  the  touch  of  age  and  care,  and  the 
noontide  of  life  was  merging  into  the  peace  of  eventide — 
how  often  did  his  mind  revert  to  those  early  days  and  to 
the  rural  scenes  in   which   he  spent  his  boyhood — to  the 
spring  at  the  foot  of  the  hill-side,  where  the  cool,  clear  water 
bubbled  up,  and  at  which   he  stooped  to  drink   in  boyish 
carelessness  in  the  happy  days  of  long  ago.      But  of  all  the 
memories  that  clustered  round  that  happy  time  only   the 
angels  could  give  us  an  accurate  account  of  the  dearest 
and  tenderest — the  memory  of  his  mother — her  to  whom, 
it  seems,  he  gave  the  wealth  of  his  childish  affection.     He 
was  her  first-born — more  of  a  companion  to  her  than  the 
others — and  when  she  left  him  the  sorrow  of  his  heart  was 
one  that  lay  too  deep  for  tears.      That  beloved  face — the 
remembrance  of  her  gentleness  and  virtues — the  grave  in 
the  old  garden  near  the  house — who  can  measure  the  influ- 
ence of  these  things  on  the  susceptible  character  of  him 
who  had  never  before  known  so  great  a  loss?     Who  can 
tell  but  that  her  spirit  was  the  guardian  angel  of  his  life, 
continually  beckoning  him  onward  and  upward  to  the  haven 
of  eternal  rest?     Such  precious  memories  dwelt  with  him 
in  manhood's  years  and  clustered  around 


AUGUSTUS    SUMMERFIELD    MERRIMON.  13 


HIS  BOYHOOD'S  HOME. 

A  green,  lovely  valley,  a  clear  flowing  stream, 

And  monntains  that  lift  up  their  verdure  on  high,— 

A  home  close  to  Nature  where  boyhood  might  dream 
Of  the  future  with  plans  that  all  time  would  defy. 

Home  of  his  boyhood,   beloved  and  dear. 

Where  life  had  no  burdens  to  seek  or  to  shun; 
Light-hearted  but  earnest,  a  day's  work  well  o'er— 

Was  this  all  his  purpose  ere  set  of  the  sun  ? 

Who  knows  but  that  there  in  communings  with  self 

A  purpose  more  broad  than  the  day's  work  was  made,— 

No  great  greed  for  power,  nor  search  after  pelf, 
But  life's  strong  foundation  most  carefully  laid. 

Dear  scenes  of  his  youth!     In  memory  they  lived: 

Holy  thoughts  of  the  loved  and  earth's  lost  may  have  been 

But  the  whispers  of  angels  drawing  him  still 

To  the  Home  free  from  parting  and  sorrow  and  sin. 

*  Among  his  old  papers,  written  dnring  the  year  1850, 
the  following  reverie  was  fonnd,  and  is  copied  here  as  an 
indication  of  the  influence  which  his  mother's  memory 
exerted  over  the  early  efforts  of  her  son: 

REFLECTIONS  AT  MY  MOTHER'S  GRAVE. 

It  was  night.  The  sun  had  gone  down  behind  the  western  hills  and 
the  light  of^'day  still  lingered  faintly  around  the  tops  of  the  mountains. 
The  full  and  beautiful  moon  was  now  rising  in  the  distant  east  in  match- 
less splendor,  as  I  quickly  stepped  from  my  father's  portico,  where  I  had 
been  musing  for  some  time,  to  spend  a  few  minutes  at  the  grave  of  my 
sainted  mother.  It  was  not  far  distant,  not  more  than  a  hundred  yards, 
for  she  lay  just  above  the  garden.  I  stepped  on  more  slowly  than  when  I 
started,  for  I  felt  that  I  was  now  approaching  a  spot  sacred  and  dear.  Ren- 
dered sacred  by  the  ashes  of  the  pious  and  rendered  dear  to  me  because 
it  is  the  last  resting-place  of  my  loved  and  revered  mother.  I  was  soon  at 
the  foot  of  the  grave,  and  oh,  what  feelings  of  solemnity  came  over  me ! 

*In  copvine:  rav  father's  early  compositions  and  in  extracts  from  his  diaries  the 
oriii^als  ha?e  been  followed  very  closelv.  as  will  be  seen  from  many  niisspelled  words 
?^S  show\ery  plaiJily  that  the  boy's  thought  was  greater  than  his  knowledge  of 
correct  expression. 


14  AUGUSTUS    SUMMERFIELD    MEERIMOX. 

I  looked  around,  aud  how  befitting  were  all  things  to  my  feelings!  All 
was  silent  as  the  mansion, — the  cold  and  dark  mansion  my  dear  mother 
occupied.  Not  even  a  sigh  could  be  herd  in  the  foliage  that  overspread 
the  sacred  spot.  All  Nature  seemed  to  mourn,  it  seemed  to  svmpathise 
with  me,  while  I  reflected  on  the  loss  I  had  sustained; — a  loss,  I  mourn  to 
say  it,  irreparable.  As  I  stood  there  alone,  unseen,  except  perhapse  by  her 
glorified  spirit,  (for  I  believe  it  still  watches  over  me,  at  least  the  belief 
influences  mj-  actions),  memor}-  turned  mournfully  to  the  past.  I  was 
led  to  remember  the  pious  lessons  she  had  taught  me;  to  remember  the 
good  morals  she  had  instilled  into  my  boyish  mind.  Yes,  these  recollec- 
tions came  up  vividly  before  me,  and  I  thought  of  the  affectionate  and 
maternal  manner  in  which  she  did  it.  O,  I  could  almost  see  her  as  she 
took  my  little  hands  within  hers  and  learned  me  to  lisp  m}-  prayers  to  my 
great  Creator;  as  she  would  sit  with  me  at  her  knees  and  tell  me  how  to 
become  great  and  good.  If  ever  I  make  a  great  man  it  must  be  ascribed 
to  her  pious  instruction.  I  recollected  all  the  past,  and  it  swelled  the 
scene  of  the  then  present.  I  thought  of  the  night  on  which  she  left  this 
for  a  better  world;  I  could  fanc}-  I  saw  her  angelic  face  as  she  slept  her- 
self awa}'  into  an  eternity  of  unuterable,  inconceivable  bliss.  Yes,  she 
was  smiling  when  dying,  if  dying  it  might  be  called,  and  even  when  ruth- 
less death  had  done  his  work  a  calm  and  peaceful  smile  rested  on  her  face. 
Oh,  how  angelic  was  her  appearance,  and  how  symbolic  of  her  blessed 
company  !  Though  her  bod}-  was  there,  yet  her  soul  was  in  heaven,  freed 
from  care  and  all  pain.  Though  she  looked  thus  beautiful,  how  awful, 
how  indescribably  awful  were  my  feelings.  I  was  conscious  that  I  would 
soon  see  the  form  I  had  loved  and  revered  no  more  forever;  that  my  great 
counselor  and  instructor  would  never  again  commune  with  me.  Yes,  I 
was  conscious  that  I  had  lost,  irretrievably  lost,  the  best  gift  of  Heaven. 
All  this  come  up  vividly  before  me,  and  the  night,  the  solemn  stillness, 
seemed  to  chime  in  with  my  mournful  solitude.  I  thought  of  that 
heavenly  world  where  all  is  jo}-  and  happiness,  and  said  in  m\'  heart,  my 
mother  is  there!  That  was  a  joyous  thought — a  thought  worth  more  than 
all  the  gems  of  earth.  She  was  alone;  no  other  person  lay  there  with 
her,  but  she  was  not  alone  in  Heaven;  no,  there  are  mj-riads  there,  and 
all  join  in  anthems,  loud  anthems  of  praise  to  their  great  Creator  and 
Redeemer.  She  is  there  with  all  the  old  prophets;  she  is  with  Wesly  and 
Clark,  with  Whitfield  and  Chalmers;  she  is  there  with  Coke  and  Asbury 
and  millions  more.  It  was  a  solemn  night  to  me.  As  I  turned  to  go 
away  I  thought  that  I,  too,  would  one  day  lie  down  in  the  loansome, 
silent  grave,  that  the  silver  moon  would  shine  loansomely  and  sadl}' 
around  my  last  resting-place,  as  it  then  did  my  mother's. 


AUGUSTUS    SUMMERFIELD    MERRIMON.  15 

And  tlins  was  tlie  youth  of  x\ugustus  Merrimoii  spent, 
in  large  measure,  under  the  clear  sky  with  Nature's  great 
arms  encircling  him,  drawing  him,  who  may  not  say,  to 
deep  and  earnest  thoughts  of  life  and  its  Divine  source. 
Physically  and  mentally  increasing  in  power,  adding  to  his 
growing  fund  of  information  as  well  as  fulfilling  faithfully 
the  duties  at  home  and  on  the  farm,  earnest  and  indus- 
trious, he  grew  into  manhood,  building  up  a  character  at 
once  strong  and  admirable.  He  was  eager  to  learn,  anxious 
to  gain  a  broader  field  for  zealous  endeavor,  and,  having 
already  mastered  the  lessons  taught  at  the  old  school-house 
on  the  farm,  it  seems  that  he  grasped  with  avidity  the 
opportunity  of  attending  Mr.  James  Norwood's  school  at 
Asheville,  where  he  advanced  rapidly;  and  so  marked  was 
his  progress  that  his  teacher  gave  him  a  written  expression 
of  approbation,  stating  that  he  was  the  most  proficient  of 
his  pupils  in  the  English  course. 

The  following  selections  from  his  diary,  written  about 
this  time,  give  us  glimpses  of  the  boy's  own  thoughts  and 
feelings  at  this  statue  of  his  career: 

A.  S.   MERRIMON'S  DIARY 

OF   HIS   STUDIES,  AND  OTHER  CIRCUMSTANCES  CONNECTED  THEREWITH, 
AND    ALSO   OTHER    GENERAL   INCIDENTS. 

Asheville  Male  x\cademy, 

January  i6,  1850. 
"•Labor  Omnia  Vmcity 

Wednesday,  Jan.  16. — To-day  I  enter  upon  the  important  duty  of  the 
study  of  Philosophy,  and  b}'  the  aid  of  Providence  I  intend  to  do  honor 
to  myself  and  my  Teacher.     I  recited  my  first  lesson  in  Natural  Philoso- 

ph}'  this  evening,  in  connection  with  my  esteemed  classmate,  ;  and 

I  am  fully  assured  that  we  both  thoroughl}'  understood  the  subjects  on 
which  we  were  examined.     The  subjects  were  general  definitions. 

Jan.  I  J. — I  arose  at  2  o'clock  a.  m.  and  read  some  Rules  for  acquiring 
knowledge  which  I  approved  very  much,   and  doubt  not  that  by  paying 


16  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

attention  to  them  that  I  will  be  greatl}-  benefitted  by  them.  Indeed,  Mr. 
Watts  seems  to  be  an  author  who  well  understands  the  method  of  com- 
municating instruction  as  well  as  receiving  it. 

My  second  task  was  to  get  a  lesson  in  Stewart's  Elements  on  the  Mind. 
I  am  very  safe  in  saying  that  I  never  w^as  more  interested  in  reading  and 
studying  any  lesson  before.  It  gave  me  more  knowledge  of  the  mind 
and  the  manner  of  discussing  that  subject  than  anything  of  the  kind  that 
I  ever  read  before.  I  am  well  aware  that  my  time  was  not  lost,  and  I 
have  the  gratification  to  sa}'  that  the  lesson  was  of  much  benefit  to  me. 

Thirdly-,  I  emplo3-ed  from  }^  past  lo  untill  twelve  in  Arithmetic.  This 
exercise  consisted  merely  in  reviewing  rules  of  fractions. 

At  12  M.  ate  dinner;  returned  to  School  and  at  half  past  i  P.  M.  I 
recited  a  lesson  in  Rhetoric.  The  lesson  was  on  the  Sublime  in  writing, 
and,  as  one  would  imagine,  was  one  of  no  ordinary  interest,  setting  forth 
at  every  step  the  manner  of  carrying  on  a  subject  of  the  Sublime  kind. 
After  reciting  this  lesson  I  spent  the  remainder  of  the  evening  in  Arith- 
metic.    Returned  from  school,   took  some  exercise  by  making  ni}^  fire, 

then  indulged  in  social  conversation  with  for  some  minutes.     I  am 

at  present  (8  o'clock)  writing  and  will  at  ten  retire  to  rest  with  the  grati- 
fying thought  of  spending  the  da}-  profitably. 

Friday,  Jan.  i8. — Recited  one  lesson  in  Stewart  this  morning  of  much 
importance.  He  shows  in  this  chapter  the  utility  of  the  study  of  the 
Humane  Mind.  The  outlines  of  the  argument  are  the  following:  First, 
he  shows  the  influence  of  one  science  over  another;  then  shows  that  it  is 
the  science  which  is  derived  from  no  other,  and  that  all  others  emanate 
in  a  degree  from  it,  showing  at  every  step  its  great  importance  to  a  proper 
understanding  of  other  Sciences.  After  this  recitation  I  recited  a  lesson 
in  Natural  Philosoph3'  on  Attraction,  the  different  kinds  of  Attraction, 
their  influence,  &c.  This  Science  is  one  of  deep  interest,  and  for  which 
I  have  a  peculiar  likeing.  The  subject  is  one  of  great  importance  to  those 
who  make  observations  on  natural  things. 

Saturday,  Jan.  ig. — Rose  at  6  o'clock  a.  m.  and  read  a  chapter  in  Watts' 
works  on  the  Mind,  which  I  found  to  be  very  interesting.  It  had  for  its 
object  the  improvement  of  the  mind  by  observation.  He  shows  ver}' 
clearly  that  one  may  improve  his  mind  in  every  place  and  in  all  condi 
tions.  If  we  rightly  appreciate  his  rules,  I  doubt  not  that  we  will  do 
much  for  our  own  benefit,  as  well  as  for  others.  Then  I  reviewed  the  les- 
son which  I  recited  on  yesterday  in  Stewart's  Elements  on  the  Mind. 
After  this  I  happened  to  fall  in  company  with  my  highh'  esteemed  friend, 

.     We  walked  some  distance  for  exercise,  in  the  meantime  carrying 

on  a  conversation  which  concerned  us  more  than  others. 

This  evening  I  have  devoted  myself  to  reading  Rollins'  Ancient  History. 
I  am  reading  it  with  much  care,  and  takeing  notes. 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  17 

Sieuday,  Jan,  20. — Rose  this  morning  at  6  and  read  a  chapter  in  the 
Bible,  then  one  in  Watts,  in  which  I  was  much  delighted.  I  cannot  fail 
to  make  a  remark  which  I  have  made  before;  that  this  book  is  all  that  it 
professes  to  be  and  a  little  more.  After  reading  this  chapter  I  read  some 
history,  taking  notes  at  the  same  time.  I  am  fully  convinced  of  the 
necesity  of  takeing  notes.  It  not  only  strengthens  the  memor}-,  but 
improves  in  a  high  degree  one's  language  and  mode  of  writing.  I  read 
two  more  chapters  at  10  a.  m.,  then  read  a  part  of  the  history  of  Egypt. 
This  history  does  not  fail,  as  one  would  expect,  to  interest  the  reader. 
Indeed  the  ancient  Egyptians  seem  to  be  a  people  of  extraordinary- 
genius. 

I\[onday\  Jan.  21. — I  got  up  at  3  A..M.  and  read  two  chapters  in  the  Bible, 
then  got  my  lesson  in  Stewart  and  read  a  chapter  in  Watts.  After  break- 
fast I  went  to  the  recitation  room  and  recited  my  lesson  at  %  past  ten. 
My  lesson  was  to  show  the  necesity  of  the  study  of  the  humane  consti- 
tution in  order  to  guard  against  partial  impressions  which  are  made  dur- 
ing youth  and  infancy.  After  this  recitation  I  spent  some  time  in  Rhet- 
oric. This  lesson  was  well  digested.  It  was  on  beauty  as  one  of  the 
pleasures  of  taste.  I  then  spent  the  remainder  of  the  evening  in  sums, 
in  relations  of  numbers. 

Tuesday,  Jan.  22. — I  arrose  this  morning  at  4  and  read  a  chapter  in 
the  Bible;  then  commensed  my  Stew'art  lesson  upon  the  following  sub- 
ject, viz.:  To  show  the  necesity  of  a  system  of  Logic,  and  to  show  the 
necesity  of  a  knowledge  of  the  humane  constitution  in  order  to  la}' 
down  a  system  of  this  kind.  I  recited,  as  is  usual,  at  %.  past  ten  a.  m. 
I  then  commenced  ni}^  lesson  in  Natural  Philosophy,  which  embraced 
some  of  the  particular  propities  of  bodies.  This  study  comes  very  natural 
to  me,  and  I  cannot  account  for  it  on  no  other  principle  than  the  follow- 
ing: That  I  have  a  peculiar  taste  for  such  speculations.  I  am  to  get  my 
lesson  in  Stewart  to-night,  and  also  read  a  chapter  in  Watts.  Nothing 
but  constant  application  will  make  a  man.  I  pra}-  God  to  aid  me  in  mak- 
ing one  out  of  myself.  I  know  that  success  awaits  the  persevering.  I 
will  try.  I  know  I  can;  I  will  do  something  for  my  own  improvement. 
Fame  awaits  no  particular  one;  she  is  always  ready  to  embrace  persever- 
ance in  au}^  person,  and  she  never  fails  to  give  him  that  which  fully  pays 
him  for  all  toil  and  self-denial.  '''Labor  Omnia  Vincit.'''  Time  flies,  O 
how  swiftly.  Improve  the  present  for  it  is  all  3'ou  have;  look  not  at  the 
past,  it  is  ful  of  sorrows;  the  future  is  not  yours,  and  always  be  careful 
to  know  3-our  own  interest.  Defer  nothing  for  the  morrow  which  should 
be  done  to-day. 

IVednesday,  2j. — Once  more  hath  the  earth  completed  her  daily  revo- 
lution, and  once  more  I  find  myself  engaged  in  recording  my  acts  of  the 


18  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

hours  which  have  just  past.  I  arrose  this  morning  at  5  o'clock  and 
read  a  chapter  in  the  Bible,  then  one  in  Watts,  then  conimensed  ni}-  Phi- 
losophy lesson,  which  was  upon  the  subject  of  the  theories  of  philoso- 
phers on  the  subject  of  Perception. 

I  find  in  the  study  of  Philosophy  that  much  study  is  required,  and  that 
without  close  application  one  will  make  poor  progress.  These  studies 
are  of  vast  importance,  too,  not  only  as  a  stud}-  for  the  purpose  of  acquire- 
ing  a  knowledge  of  the  phenomena  of  the  world,  but  also  for  the  improve- 
ment in  reasoning.  To-night  I  reviewed  my  lesson  in  Stewart,  and  also 
looked  carefully  over  another.  I  then  read  some  in  Watts,  and  closed 
the  labors  of  the  day  by  ciphering.  The  rules  of  Percentage  were  those 
on  which  I  performed.  I  now  lie  down  to  take  the  necessary  rest;  may  I 
rest  securely  and  rise  in  the  morning  to  again  prosecute  my  studies,  O  God  ! 

Sunday,  Jan.  2j. — I  arose  this  morning  and  after  some  necessary  busi- 
ness I  commensed  the  reading  of  the  Ancient  History  of  Egypt  and 
Carthage.  This  indeed  is  wonderful.  In  some  places  we  are  filled  with 
indignation;  in  others  we  are  pleased  with  the  great  magnanimity  which 
they  possessed.  Surel}-  all  things  related  with  thos  people  are  not  so; 
indeed,  some  thing  are  impossible,  much  less  performed. 

I  spent  the  rest  of  the  day  in  reading  Moral  Philosophy  and  social  con- 
versation with  some  friends.  One  who  has  more  time  to  spend  than  is 
necessary  might  spend  it  after  the  following  mauer  profitably:  If  you 
have  no  friend  with  whom  to  converse,  apply  3'ourself  to  some  useful 
book;  if  you  have  no  book  present  observe  what  is  near  you — consider 
what  it  is,  how  3'ou  obtain  knowledge  from  it,  for  what  purpose  it  was 
made,  by  whom  it  was  made;  and  if  you  have  a  friend  with  you  talk  to 
him  concerning  these  things;  attempt  to  explain,  as  far  as  possible,  how 
and  why  you  concider  the  objects  from  which  you  acquire  knowledge. 

Much  time  is  lost  b}'  persons  who  might  improve  themselves  greatly. 
How  man3^  do  we  see  trifling  away  the  precious  hours  of  youth  in  follish 
talk,  without  improveing  their  minds  in  the  least  degree,  nay,  without  even 
[knowing?]  how  they  learn  to  talk  and  eat  or  do  anything  else.  Improve 
the  present,  the  future  is  unknown. 

Monday,  Jan.  28. — After  five  this  morning  I  commensed  the  incum- 
bent duties  of  the  ensueing  week.  My  first  lesson  for  consideration  is 
vStewart's  remarks  on  the  manner  of  acquireing  knowledge.  I  hope  to  be 
prosperous  during  the  ensueing  week,  feeling  that  I  am  under  great 
necesity  of  improvement.  This  study  (Stewart  on  the  Mind)  is  one  of 
no  ordinary  interest  to  one  who  has  a  desire  for,  or  who  has  a  mind 
adapted  to  such  studies.  The  language  is  plain,  and  his  style  is  generally 
of  a  pure,  unbroken  nature.  Such  works  are  not  only  calculated  to  give 
one  the  information  which  they  profess,  but  also  a  style  which  the  read- 
ing of  many  inferior  would  fail  to  do. 


AUGUSTUS    SUMMERFIELI)    MERKIMON.  19 

In  the  evening  I  recited  in  Natural  Philosopli_v,  which  never  fails  to 
interest  nie  in  such  a  de.^ree  that  by  looking  [over]  the  lesson  a  time  or 
two  I  get  it.  One  may  always  find  something  to  do.  I  never  knew  the 
hour  yet  that  had  nothing  for  men  to  do.  Experience  teaches  that  I  never 
will.  If  I  spend  my  time  profltably  I  will  no  doubt  reap  the  reward 
promised. 

I  would  like  very  nmch  to  acquire  a  knowledge  of  Algebra  and  Geome- 
try; however  1  will  have  to  do  without  these  great  improvements.  This 
world  seems  to  be  full  of  knowledge,  and  I  suppose  the  world  to  come 
will  have  much  more;  if  so,  I  hope  to  be  one  who  will  enjoy  a  large  share 
of  it.  Penseverence  is  necessary  to  a  good  education;  this  I  have  found 
by  experience  and  know  too,  that  without  it  the  greatest  genius  cannot 
arrive  at  eminence. 

I  am  fully  aware  of  the  fact  that  one  may  devote  his  time  so  as  to  enable 
him  to  gain  much  general  information  on  various  subjects.  I  now  spend 
a  sufficiency  of  time  to  my  studies,  and  also  have  some  two  hours  ever}- 
day  to  spend  in  general  research.  I  am  fully  aware,  too,  that  devoting 
some  time  to  other  books  that  my  mind  will  be  better  prepared  to  relish 
my  daily  studies.  The  mind  should  never  be  too  much  engrossed  with 
one  or  two  subjects,  lest  it  grow  dull  and  feeble  very  early.  One  should 
pay  much  attention  to  his  intellectual  powers,  since  by  these  he  must  rise 
or  fall. 

Saturday,  Feb.  2. — [After  remarks  on  the  day's  occupation.]  I  know  the 
necesity  of  constant  application  in  order  to  become  perfect  in  anything. 
Much  labor  is  required  to  make  a  perfect  mechanic,  much  to  make  a  good 
merchant,  much  to  make  a  good  lawyer  in  that  nothing  can  be  accom- 
plished without  great  labor  and  close  application.  If  then  all  these  are 
requisite,  wh)-  put  off  the  time  of  commensemeut  so  long?  If  we  com- 
mense  now,  we  will  only  become  the  wiser  and  reap  more  of  the  paltry- 
which  this  world  can  give.  It  will  fit  us  too  for  the  world  to  come.  Yes, 
to  enjoy  more  of  the  pleasures  of  the  invisible  I  Am.  All  these,  nay 
more,  bid  us  improve  each  moment  as  it  passes  by.  Then  let  us  press  on 
toward  the  prize  and  never  be  contented  untill  it  is  won.  We  ought  to 
consider  that  what  we  gain  now  is  not  to  be  gained  one  day  and  lost  the 
next,  but  it  is  to  give  us  standing  among  our  fellow-men,  and  is  to  pre- 
pare us  for  more  enjoyment  of  the  heavenly  world,  should  we  be  so  happ}' 
as  to  get  there. 

Sunday.,  Feb.  j. — Much  improvement  may  be  made  by  reading  good 
books  though  they  are  not  strictly  scientifical;  indeed  without  them,  I 
am  persuaded  that  we  will  not  render  scientific  books  profitable.  One 
should  not  be  cramped  up  by  scientific  studies  and  not  read  others  which 
are  allmost  of  equal  interest. 


20  AUGUSTUS    SUMMERFIELD    MERRIMON. 

Tuesday^  Feb.  5. — I  was  ready  for  business  this  morning  at  6.  I  recited 
in  Stewart,  as  usual  before  dinner,  and  in  Nat.  Philosophy  after. 
Both  of  these  lessons  were  interesting.  I  also  read  some  other  books 
this  morning.  This  I  think  to  be  of  much  importance.  It  not  only  gives 
one  good  language;  but  it  proves  very  serviceable  in  acquireing  a  general 
stock  of  knowledge.  A  general  knowledge  of  things  is  necessary.  One 
cannot  study  every  thing  seperately.  He  must  therefore  find  out  much 
by  the  reading  of  misselaneous  books,  which  have  to  a  great  or  less 
degree  something  of  these  various  studies  connected  with  them. 

Nothing  is  calculated  to  make  a  more  ready  man  than  reading.  Much 
reading  though,  without  digestion  is  worse,  if  possible,  than  none,  as 
we  gain  such  a  slight  knowledge  of  things  that  we  are  led  into  dangerous 
mistakes  frequently.  Therefore  one  should  read  much  and  digCot  well 
all  he  reads.  If  he  reads  but  little  and  digests  well,  it  will  be  of  much 
importance  to  him. 

Wednesday,  Feb.  6. — I  was  up  and  dressed  by  jA  after  6  this  morning, 
after  having  taken  about  5  hours  sleep.  I  prepared  my  lessons  and  recited 
as  usual.     Both  were  interesting.     To-night  I  have  spent  some  time  in 

conversation  with ;  I  have  also  been  prepareing  some  remarks  which 

I  expect  to  deliver  on  the  Mexican  War.  This  is  a  subject  of  general 
dispute,  and  it  is  not  even  supposed  that  the  question  will  be  decided  with 
much  acquracy,  owing  to  the  very  desultory  arguments  that  will  doubtless 
be  made.  Much  may  be  said;  indeed,  one  may  talk  all  night  and  then 
remain  where  he  left  off.  It  is  a  dispute  which  has  received  much  atten- 
tion b3-  all  the  great  men  of  the  Nation. 

Thursday,  Feb.  7. — This  morning  called  to  my  memory  the  sad  scene 
of  this  day  was  a  year  ago.  I  shall  never  again  pass  over  another  so  sad  a 
day  as  it  was,  for  that  day  my  dear  mother  left  this  world  for  a  better.  She 
now  sings  the  Allelujahs  of  Angels,  and  will  throughout  eternity.  May 
I  meet  her  there. 

Saturday,  Feb.  g. — I  arose  this  morning  at  '/^  past  five  and  commensed 
imediately  the  business  of  the  da}-.  I  in  the  first  place  read  some  of 
description  of  Cicero,  given  by  Dr.  Olin.     I  then  visited  the  Clerk's  Office, 

at  which  place  I  found  my  friend .     From  him  I  procured  a  set  of  Dr. 

Brown's  Philosophy  on  the  Mind,  which  I  intend  reading  in  conexion 
with  Stewart;  I  also  read  Upham.  I  hope  from  the  three  that  I  will  be 
able  to  get  a  good  knowledge  of  the  human  mind.  I  spent  some  time  in 
conversation  to  day  with  Mr.  N.  W.  Woodfin  on  the  subject  of  Education. 

In  the  evening  I  wrote  some  compositions,  not  for  the  purpose  of  exhib- 
iting them,  but  only  to  improve  my  style  of  writing.  This  is,  no  doubt 
the  best  plan  on  which  one  can  fall  to  improve  his  style  and  language. 
While  there  is  hope  none  ever  linger;  when,  however,  this  mortal  cheerer 
vanishes  the  last  gleam  of  life  will  soon  be  extinct.     It  supports  all  men; 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  21 

the  savage  as  \vell  as  the  Christian.  In  a  word,  it  is  the  balm  of  life. 
Few  men,  indeed  none,  ever  live  without  it.  He  would  know  the  cer- 
taintv  of  things  at  an  hour  when  he  was  not  prepared  for  it.  Hope  is  the 
anticipation  of  some  good,  it  therefore  gives  one  time  to  reflect  if  he 
should  be  foiled  in  his  wish. 

Sunday,  Feb.  lo. — I  arose  this  morning  at  the  usual  hour,  and  after 
some  necessary  transactions,  I  comniensed  the  business  of  the  day.  I 
spent  some  time  in  reading  Watts  on  the  mind,  some  time  in  Ollin's 
travels,  some  in  Rollins'  History.  All  these  are  ver}-  interesting,  but  not 
near  so  nmch  as  another  work  I  read  this  evening  on  the  immortality  of 
the  Soul.  This  was  very  interesting  not  only  as  a  literary  disquisition, 
but  also  as  establishing  the  reality  of  the  immortality  of  the  Soul.  The 
soul  will,  beyond  doubt,  live  after  this  lump  of  clay  dissolves.  Yes, 
beyond  the  flaming  skies.  Nothing  should  give  more  pleasure  than  the 
thought  of  living  in  a  world  to  come.  Life  is  what  all  love;  what  all  con- 
tinually grasp  after.  Ease,  too,  is  what  they  desire  in  connexion  with 
life.  We  understand  by  Revelation  that  those  who  liv^e  as  they  should 
here  will  be  admitted  into  Heaven,  at  which  place  joys  forever  dwell.  If, 
however,  he  transgresses  a  law  prescribed  by  the  Deity  he  must  forever 
sink  into  a  pit  of  never-ending  pain.  These  thoughts  are  sufficient  to 
engage  the  attention  of  all;  but  we  find  thousands  w^ho  would  rather 
spend  what  time  they  have  for  probation  in  uselessness  than  to  attempt 
to  seek  the  happiness  in  store  for  them  by  their  perseverence. 

Tuesday,  Feb.  12. — I  spent  some  time  reading  Rollins'  Histor}-.  This 
is  a  ver}'  interesting  work,  and,  indeed,  the  history  of  the  ancients  is 
alwa3'S  interesting.  It  gives  the  description  of  all  the  avaricious  men  of 
the  ancient  world,  and  also  the  manner  in  which  they  gained  their  power. 
From  this  history-,  too,  we  learn  many  good  laws,  and  we  learn  at  the 
same  time  error  of  many,  and  thereby  we  are  prepared  to  shun  them.  I 
recited  as  usual.  To-night  I  have  spent  some  time  in  reading  Watts, 
Brown  and  Ollin.  These  are  all  interesting  Books.  I  hope  to  receive  a 
large  fund  of  information  from  them.  My  present  course  is  one  which  I 
think  will  prove  beneficial  to  me  if  properl}'  attended  to.  I  do  not  intend 
to  fail  to  give  due  attention.  I  intend  to  make  use  of  every  power  in  my 
reach  to  improve. 

Saturday,  Feb.  16. — I  spent  this  day  in  the  following  manner,  viz.:  I 
first  read  some  in  Rollins'  Histor}'  of  the  Ass3'rians,  then  wrote  to  my 
Father,  then  read  some  of  Ollin's  Travels,  then  finished  m}-  composition, 
then  read  history  and  Travels  again.  In  short,  I  spent  the  da}^  in  read- 
ing and  meditation.  All  these  things  are  necessary  for  the  accomplish- 
ment of  one,  nay  more,  for  men  frequently  live  long  lives  and  spend  them 
at  Science,  then  fall  far  short  of  perfection.  Man  must  be  considered  as 
an  imperfect  being  within   himself.     No  one  knows  all  things;  no  one 


2-2 


AUGUSTUS    SUMMERFIELD    MEEEIMON, 


will  know  all  things.  It  was  not  intended  b}-  the  Deity  that  man  should, 
for  if  he  did  no  doubt  he  would  soon  get  above  himself  as  one  man  gets 
above  another  in  point  of  property  or  respect.  We  should  endeavor, 
though,  as  far  as  possible,  to  acquire  a  good  knowledge  of  every  improve- 
ing  every  good  thing  that  comes  before  us, 

Sunday,  Feb.  ij.  —This  morning  I  commensed  the  business  of  the  day 
very  earh-  by  reading  History  and  Travels.  In  the  da}-  I  read  consider- 
ably in  the  Bible,  wrote  my  composition,  and  spent  some  time  in  compo- 
sition as  well  as  conversation.  All  these  acquirements  are  very  benefi- 
cial. They  all  tend  to  improve  the  mind  and  prepare  it  for  the  walks  of 
manly  life. 

Tuesday,  Feb.  ig. — This  evening  I  read  m3'  composition  on  the  Influ- 
ence of  Anger.  After  the  close  of  the  school  I  spent  some  time  in  read- 
ing Porter's  Analysis. 

How  vain  are  the  attempts  of  man  to  gain  knowledge  without  much 
study  and  self-denial.  If  one  would  be  wise  he  must  [not]  cease  at  diffi- 
culties. His  overcoming  one  will  actuate  him  to  mount  that  which  fol- 
lows. Many  for  a  want  of  perseverance  have  died  in  obscurity.  Many 
who  had  good  advantages,  through  indolence  have  suffered  themselves  to 
be  overcome  by  trifling  circumstances,  and  thereby  laid  themselves  liable 
to  the  censure  of  mankind.  Perseverance  alone  can  place  a  man  above 
the  vulgar.  All  who  have  ambition  therefore  should  yield  to  many  sacri- 
fices in  order  to  carry  out  any  ennobling  principle  which  he  may  espouse. 

Saturday,  Feb.  23. — Owing  to  some  domestic  disadvantage,  I  did  not 
rise  this  morning  untill  da3'light.  After  I  rose  I  commensed  the  business 
of  the  day  b}'  reading  a  chapter  in  Rollins'  Histor}',  then  one  in  Ollin's 
Travels. 

I  took  a  small  fowling  hunt  walk  with  my  esteemed  friend, .     After 

walking  enough  to  take  good  exercise  we  returned.  We  indulged  freely 
in  conversation  during  our  walk.  Sometimes  speaking  of  literary-  sub- 
jects, then  of  domestic  happiness.  It  was  quite  an  interesting  and  I 
hope  a  profitable  walk. 

This  evening,  a  little  before  sun  down,  myself  and  took  a  walk  in 

the  direction  of  my  home.  As  I  approached  in  sight  of  the  mountains 
which  I  could  see  from  home,  pleasurable  feelings  passed  through  my 
mind.  Home  is  the  happiest  place  for  any  one.  One  may  become  addicted 
to  being  from  home,  and  not  care  about  returning  imediateh',  but  there 
still  exists  some  thoughts  of  childhood  in  the  mind  though  it  is  approach- 
ing manhood.  There  is  something  that  endears  the  place  where  near  and 
dear  relatives  live  and  sleep;  one  of  whom,  too,  sleeps  in  the  dust. 

Sunday,  Feb.  24. — To-day's  reading  has  been  so  desultory  that  I  cannot 
note  it  with  much  regularity.  I  have  read  extensive!}-  in  the  Bible,  in 
Rollins'    Histor}-,   Ollin's   Travels,   Porter's  Analysis,   and   various  other 


AUGUSTUS    SUMMERFIELD    MEKRIMON.  23 

books.  From  them  all  I  have  received  much  instruction.  The  Bible  I 
read  most.  I  read  a  considerable  part  of  the  Revelation.  This  [is]  truly 
a  beautiful  picture;  indeed,  it  in  many  places  amounts  to  sublimity.  How 
great  the  difference  between  a  common  composition  of  the  present  day, 
and  that  of  the  Bible.  It  was  much  greater  in  the  days  of  those  men  who 
wrote  it.  This  seems  to  be  a  strong  proof  of  the  authenticity  of  the 
Scriptures.  If  those  men  had  had  the  advantages  of  which  we  are  now 
possessed,  what  kind  of  works  would  the  sacred  word  have  been?  It 
seems  as  if  there  is  something  superhuman  about  them.  So,  simple  and 
yet  so  powerful.     Who  will  dispute  their  beauty? 

It  seems  a  little  awkward  to  turn  from  the  word  of  God  to  man.  It 
looks  a  little  preposterous.  There  is  such  an  immense  difference.  The 
History,  however,  that  I  read  is  one  of  superior  worth.  It  instructs  me 
in  the  maners,  customs,  Laws  and  actions  of  the  ancients.  It  gives  great 
lessons  of  morality  and  virtue.  The  st3-le  of  the  author,  the  subjects  are 
all  calculated  to  impress  us  with  the  deep  uecesit}'  of  adopting  some 
things  and  rejecting  others.  The  history  of  Cyrus  never  fails  to  infuse 
the  mind  with  qualities  of  the  most  sublime  character.  That  great  man 
seemed  to  be  the  embodinient  of  all  the  graces  and  accomplishments  of 
his  da}-.  Cambyses  is  nearly  the  extreme  on  the  other  hand,  few  men 
possessed  a  more  rash  and  obstinate  temper  than  he. 

Books  of  Travel,  too,  are  of  unquestionable  worth.  They  give  us  the 
minute  description  of  the  old  countries;  the  various  situations,  and  the 
man}'  architectural  wonders.  They  enable  us  to  explain  more  fully  all  the 
fabulous  history  of  the  ancients.  All  persons  should,  as  far  as  possible, 
acquire  a  general  knowledge  of  all  good  and  well  written  books.  Of  good 
books,  as  they  will  store  their  mind  with  that  which  few  possess,  true 
knowledge;  of  well  written,  as  they  will  enable  them  to  improve  their 
own  style.  Indeed  without  this  general  knowledge,  we  could  not  make 
so  great  a  display  in  oratory  and  composition  as  we  do.  This  is  perhapse 
one  reason  why  the  ancients  did  not  effect  more  than  they  did  in  a  short 
time.  One  may  learn  something  from  everything.  The  little  pebbles  of 
sand  under  his  feet  may  teach  him  a  lesson  of  which  perhapse  he  never 
thought  of  before. 

Thursday,  Feb.  28. — To-day  has  been  dark  and  gloomy.  To-night  we 
had  a  gust  of  wind  and  rain.  The  beautiful  pale  moon  is  now  shining 
and  reminds  me  of  the  softness  of  gone-by  days.  These  words  strike 
deeply  on  my  ear.  A  precious  Mother,  who  a  little  more  than  a  year  ago 
doated  on  me,  now  lies  silent  in  the  tomb.  The  moon  passes  along  and 
she  lies  in  august  composure.  Her  imortal  [soul]  has  put  on  incorrup- 
tion.  My  heart  is  full  while  I  write.  I  often  think  of  her  and  am  allmost 
forced  to  weep.  But  she  is  gone;  yes,  gone  to  dwell  with  Angels  and 
God.     May  I  live  the  life  she  did   and  be  prepared  to  lie   solemly  and 


24  AUGUSTUS    SUMMER  FIELD    MERRIMOX. 

seriously  and  composedly  while  the  beautiful  moon  passes  on  in  her 
regular  course.  This  is  the  last  night  of  the  second  month  in  the  year 
1850.  Shall  I  have  another  lost  friend  before  another  February  rolls 
round,  or  shall  I  be  lost  to  kind  friends?  The  Deity  only  knows.  O  God, 
save  me,  m}-  friends  and  the  world. 

Saturday,  March  2. — The  extra  court  for  this  countv  adjourned  to-day 

at  12  M.      I  understand  that  Judge has  dispatched  business  with  his 

usual  speed,  and  that  many  cases,  of  importance,  have  been  tried.     Judge 

is  really  a  fine-looking  gentleman.     He  seems  to   be   very   affable. 

Such  men  are  calculated  to  do  much  good  for  themselves  and  the  pul^lic. 
Several  law3'ers  have  been  in  attendance  this  week. 

Monday,  March  4. — To-night,  according  to  the  recommendations  of 
Prof.  N.,  I  have  taken  up  Thompson's  Seasons.  This  is  a  beautiful  little 
Poem — one  which  I  hope  is  calculated  to  elevate  my  ideas  of  nature. 
To-night  I  have  been  reading  some  in  Ollin's  Travels.  The  chapter  this 
evening  has  been  one  of  rather  more  than  ordinary  interest.  It  gives  a 
description  of  Mount  Sinai  and  the  mountains  and  valleys  near  to  it. 
Truly  this  is  an  awfully  sublime  place.  Dr.  O.  spreaks  in  high  terms  of 
its  sublimity  now,  and  what  nmst  it  have  been  when  the  Great  Jehovah 
was  there  !     Surely  more  terrible  than  all  earth  clashed  together  ! 

Our  Town  is  quite  silent  to  what  it  was  last  week.  The  court  is  over 
and  the  countrymen  have  returned  to  their  domestic  habitations.  The 
beautiful  spring  has  dawned  on  us  once  more;  since  this  time  last  year 
how  many  millions  have  changed  this  life  for  eternity?  A  solemn  silence 
prevails.  No  one  dares  to  answer  the  question.  And  ere  another  such 
season  shall  appear  we  may,  like  others,  be  sleeping  in  the  cold  and  lonely 
grave.  God  save  us  and  the  world,  for  in  Thy  hands  are  the  issues  of 
life  and  death. 

Tuesday,  March  12. — To-night  I  received  my  new  Stewart's  Philosophy 
on  the  Human  Mind.  It  is  a  beautiful  Book,  and  I  hope  it  will  be  of 
great  benefit  to  me  in  future.  I  find  I  will  have  to  desist  from  my 
general  reading,  owing  to  the  requisite  time  I  must  spend  in  reading 
Studies.  I  dislike  this  very  much,  but  I  must  prepare  for  the  ensuing 
examination.  This  is  perhapse  the  last  session  I  will  go  to  school,  and  I 
wish  to  make  good  use  of  my  time.  Time  is  precious;  it  is  short  with  us 
and  we  should  therefore  make  a  proper  and  profitable  use  of  it.  One 
may  be  constantly  employed  and  not  improve  a  great  deal.  This  [is] 
owing  to  a  want  of  method  and  regularity.  One  should  endeavor  not 
only  to  read  and  think  a  heap,  but  digest  all  he  reads  and  thinks.  A 
great  fault  now  prevalent  is  owing  to  this.  Man}'  who  consider  them- 
selves advanced  are  mere  pests  to  society  and  do  much  more  harm  to 
mankind  than  good.     It  is  indeed  seldom  that  we  find  a  man  who  knows 


AUGUSTUS    8UMMEEFIELD    MERRIMUX.  25 

fullv  his  duty,  and  even  when  we  find  one  who  knows  it,  he  does  rarely 
perform  it. 

Wednesday,  March  /j.— To-night  I  have  spent  the  principle  part  of  my 
time  in  reviewing  vStewart.  "Review  and  repetition,"  says  Lock,  "are 
necessary  to  the  good  understanding  of  a  Book."  I  will  now  look  over 
my  lesson  for  to-morrow,  and  get  a  Grammer  Lesson  and  retire  to  rest. 
Rest  is  quite  necessary  to  the  intellect  as  well  as  the  body.  Sad  expe- 
rience has  taught  us  to  know  that  too  great  exertions  of  the  Mind  are 
injurious.  If  one  keeps  his  intellectual  powers  constantly  engaged,  no 
doubt  he  will  reap  the  bitter  consequences  when  it  is  too  late  to  remedy 
them.  Thousands  of  cases  attest  this  fact.  Men  who  are  constantly 
phisically  engaged  are  greatly  wrought  upon  by  fatigue  in  their  declining 
years,  unless  this  employment  has  been  of  a  very  moderate  kind,  indeed 
then  relaxation  is  necessary.  We  find  by  experience  that  the  mind  is  the 
same  way.  Men  who  do  little  else  than  study,  become  feeble  not  only  in 
mind  but  in  body  also.  I  find  though  that  in  the  majority  of  cases  men 
are  disposed  to  give  their  minds  too  much  rest;  many  times  we  see  them 
neglect  what  is  really  necessary  in  this  manner.  Both  extremes  should 
be  guarded  against. 

Friday,  March  /j. — I  have  spent  some  time  to-night  in  reading  Stew- 
art. I  also  fortunately  laid  my  hand  on  a  little  book  which  gave  a  his- 
tory of  some  of  the  remarkable  artists  of  the  world.  Hiram  Powers  was 
the  character  of  which  I  read.  He  seems  to  have  been  at  one  time  a  boy 
in  verv  indigent  circumstances,  but  as  genius  usually  does,  he  outstripped 
all  opposition  and  attained  a  high  distinction. 

Saturday,  March  i6. — I  found  myself  prepared  for  business  at  the 
usual  hour.  I  commensed  by  reading  from  Stewart  on  review.  This  is 
beyond  doubt  one  of  the  most  interesting  works  I  ever  read  or  studied. 
It  strengthens  my  reasoning  powers,  gives  me  a  knowledge  of  the  Human 
Mind  and  greatly  improves  my  language  and  expression.  There  are  few- 
books  that  we  will  find,  which  have  all  these  combined.  So  few,  that 
perhapse  no  man  has  found  a  book  of  more  real  soundness,  than  Stewart 
One  may  be  disposed  to  think  it  is  owing  wholy  to  my  present  connection 
with  it,  but  I  pay  particular  attention  to  it  in  ev[e]ry  respect,  and  at  the 
same  time  read  other  books  of  the  same  kind  on  the  same  subject. 

Sunday,  March  //. — I  prepared  for  the  business  of  to-day  at  the  usual 
hour.  I  read  some  in  the  Bible,  some  in  Stewart,  some  in  history  and 
some  in  Porter's  Analysis,  as  well  as  Thompson's  Seasons.  At  ri  a.  M.  I 
went  to  Church  and  he[a]rd  the  Rev.  W.  Kerr  preach  a  good  sermon.  After 
returning  from  church,  I  spent  some  time  in  conversation  with  various 
young  gentlemen.  At  night  I  went  to  Church  in  company  with  my  friend 
W.  R.  Welch.      We  listened  with  great  pleasure  at  another  sermon  from 


26  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

the  same  minister  that  preached  this  mornino;.     He  seemed  to  preach,  if 
auy  difference,  with  more  energx-  than  in  the  morning. 

Tuesday,  3/arch  ig. — Tonight  is  pleasant.  The  new  moon  shines 
brightly,  the  sky  is  clear  and  all  nature  harmony.  We  should  make  our- 
selves contented  with  our  present  condition,  knowing  that  we  mvist  in  a 
few  years,  at  farthes[t]  desert  the  s[c]enes  we  now  behold. 

Thursday,  MarcJi  21. — Last  night  I  retired  before  the  usual  hour  with 
the  expectation  of  being  at  business  this  morning  sooner  than  usual.  Sure 
enough  I  found  m3-self  erect  and  stretching  abo[u]t  5  o'clock,  but  to  my 
chagrin  I  found  my  fire  utterly  extinguished.  I  think  that  I  will  study  bet- 
ter by  going  to  bed  at  10,  and  rising  at  five;  this  will  leave  7  hours  for  sleep 
and  is  as  much  as  nature  requires.  I  hav'c  been  accustomed  to  sit  up  verv 
late;   but  I  find  that  such  is  not  the  best  plan. 

Friday,  March  22. — This  being  the  evening  for  debate  at  the  Academy 
I  did  not  attend  to  my  usual  night  studies. 

I  find  that  disputation  is  quite  interesting  and  improving.  It  prepares 
one  for  self  possession  in  speaking  in  public.  Many  men  have  take[n]  a 
rise  in  debating  societys  that  raised  them  to  considerable  eminence.  Upon 
the  whole  we  mus[t]  consider  them  very  useful. 

Thursday,  March  28. — Owing  to  the  uncommon  inclemenc}-  of  the 
weather,  and  having  no  wood  with  which  to  make  a  fire  hastely,  I  lay  in 
bed  until  daylight  came.  This  is  what  I  very  much  dislike  to  do.  Punctu- 
ality I  have  adopted  as  one  of  my  characteristics,  and  I  think  it  to  be  one 
of  superior  worth.  After  making  a  fire  and  washing  I  commensed  the 
duties  that  I  last  night  laid  off  to  do.  I  got  my  Stewart  lesson  and  recited 
at  the  usual  hour.  In  the  afternoon  I  wrought  in  figures.  After  return- 
ing from  school  I  prepared  fuel  for  tonight  and  in  the  morning  which 
gave  me  good  exercise.  I  then  read  some  in  Thompson,  some  in  Todd 
and  spent  a  few  moments  in  meditation  before  supper.  After  supper  I 
commensed  reviewing. 

Thursday,  April  <^. — Commensed  the  business  of  the  day  at  daylight. 
After  washing,  shaving  and  dressing  I  commensed  getting  my  Stewart 
lesson. 

After  school  in  compliance  with  Prof.  Norwood,  I  accompanied  him  to 
his  residence,  with  some  other  young  gentlemen,  and  took  tea.  We  had 
quite  a  pleasant  time.  I  returned  imediately  after  tea  and  resumed  the 
business  that  lay  before  me. 

Saturday,  April  jj. — I  arose  this  morning  some  time  after  daylight 
and  read  my  last  lesson  in  Todd's  Students'  Manual.  I  have  now  finished 
reading  this  little  Vol.  and  must  say  that  it  has  afforded  me  much 
that  is  new  and  interesting.  I,  after  breakfast,  attended  court  for  about 
two  hours.  The  Judge  ordered  the  prisoner,  who  had  been  guilty  of  an 
awful  crime,  to  the  bar.     After  vSheriff  of  the  Countv  brought  him  for- 


AUGUSTUS    SUMMKRFIELI)    MERRIMON.  2i 

ward  the  judge  with  some  very  feeling  introductory  remarks,  exhorted 
the  .prisoner  to  put  his  trust  in  his  Heavenly  father;  he  then  pronounced 
sentence  of  death  upon  him,  and  said  "May  God  have  nierc}'  on  you." 
The  dignified  old  man  was  brought  to  tears.  He  could  not  speak  without 
stamering,  he  was  so  full.  All  present  seemed  to  feel  the  solemness  of 
the  scene.  After  viewing  the  scene,  I  returned  to  my  room  and  got  some 
of  nu'  review  lessons. 

Satuiday,  April  20. — I  have  spent  the  day  in  conversation  and  reading. 
I  have  read  extensively  in  the  Writings  of  Lord  Bacon.  I  find  them  to 
be  of  much  importance.  I  hope  to  have  it  in  my  power  to  read  them. 
The  Books  contain  matter  that  evry  person  should  know.  Those  who 
attempt  to  acquire  anything  like  a  general  stock  of  knowledge  will  find 
no  book  better  calculated  for  their  improvement  than  the  one  of  which  I 
am  now  writing.  I  this  evening  commensed  my  speech  by  laying  down 
the  subject.  I  hope  to  be  able  to  do  it  justice,  though  it  is  one  of  vast 
magnitude.  I  rely  entirely  on  my  own  speculations  for  success  as  I  have 
not  been  so  fortunate  as  to  acquire  an}-  disquisition  directly  connected 
with  the  subject. 

Sunday^  April  21 . — I  have  red  in  various  books  toda}-,  mostly  in  the 
Bible.  I  went  to  Church  at  11  a.  m.  and  herd  the  Rev.  Wm.  Kerr  preach 
a  very  good  sermon.     I  spent  some  time  this  evening  in  company  with 

.     He  came  and  supped  with  me,  and  went  with  me  to  church  tonight, 

where  I  herd  a  good  sermon  from  the  same  minister  that  preached  this 
morning. 

Friday,  April  26. — After  dinner  I  returned  to  school  and  asked  per- 
mission to  go  home.  My  kind  Teacher  granted  my  request  and  I 
returned  to  my  room.  After  preparing  I  started  towards  home.  I  arrived 
at  home  a  little  before  sundown  and  was  greeted  by  m}'  dear  father 
Brothers  and  Sisters. 

Saturday^  2j. — This  morning  I  rose  at  an  early  hour  and  prepared  to 
spend  the  da3-  pleasurably.  I  first  went  with  my  father  and  some  hands 
to  the  farm  on  the  road  and  there  enjoyed  the  pleasure  of  seeing  them 
ditch  for  some  time.  A  friend  who  was  present  invited  me  to  go  with 
him  into  the  woods  for  the  purpose  of  killing  squirrels.  He  furnished 
nie  with  a  fowling  piece  and  off  we  went.  Unfortunately  we  failed  to 
bring  anything  within  our  grasp.  I  returned  and  spent  the  rest  of  the 
da}'  in  company-  with  my  father  and  family.  We  conversed  much  and 
pleasantly.     I  did  not  forget  to  read  considerabl}-.     I  sat  up  ver}-  late. 

Simday,  28. — Toda}'  I  spent  with  my  friends  until  12  m.  At  this  time 
I  was  under  the  necessity  of  starting  to  the  place  at  which  I  now  am. 

Wednesday,  May  i. — After  school  I  came  to  my  room  and  conmiensed 
my  speech  for  the  examination  and  close  of  the  session.  I  hope  by 
divine  assistance  to  make  a  good  speech. 


28  AUGUSTUS    SUMMERFTELD    MERRIMOX. 

The  speech  above  referred  to  is,  I  presume,  the  one 
inserted  below,  and  from  its  diction  and  sentiments  it  will 
be  seen  that  he  had  earnestly  applied  himself  to  his  books, 
and  had  endeavored  to  profit  by  such  opportunities  for 
intellectual  advancement  as  were  afforded  him. 

The  first  public  speech  I  ever  delivered  or  wrote. 

Speech  to  be  delivered  at  the  close  of  the  Spring  and  summer  session 
of  Asheville  Male  Academy,  ending  June  14th,  1850. 

subject: 
PROGRESS  OF  THE  HUMAN  MIND. 

Respkcted  Audience:— Aspiring  to  perfection  the  mind  of  man  is 
ever  progressive.  It  had  its  origin  in  the  Deity  and  its  irradiating  influ- 
ence is  felt  throughout  the  world.  Trained  in  the  school  of  science  and 
conscious  of  its  own  superiority,  it  disdains  to  rest  in  obscurity.  Sur- 
rounded by  the  mysterious  mazes  of  nature,  it  combines  all  its  invincible 
energies  to  contemplate  and  decipher  them  in  all  their  original  splendor. 
Destined  by  its  divine  Creator  to  high  and  undying  enjoyments,  it  is  ever 
its  province  to  solve  the  mystic  problems  of  the  instructive  past;  to  muse 
upon  the  decaying  interests  of  the  passing  present,  and  to  look  forward 
with  philosophic  eye  into  the  eventful  future.  To  know  what  has  been, 
what  is,  and  what  is  to  be,  is  to  possess  one  of  the  grandest  attributes  of 
perfection,  and  the  onward  march  of  mind  during  the  lapse  of  six  thou- 
sand years,  sufficiently  evinces  to  us  that  this  is  its  prominent  desire. 
Though  in  the  wise  organization  of  nature  mind  is  endowed  with  this 
ambitious  property,  yet,  omnescience  is  placed  be3'ond  its  matchless  grasp, 
and  as  present  associations  pass  away  new  ones  present  themselves  for 
our  consideration.  Doubtless  the  ancient  Philospher,  as  he  sat  musing 
over  his  splendid  achievments,  thought  to  himself  that  the  exalting  title 
of  perfection  was  to  crown  his  own  laureled  brow;  but  behold  how  glo- 
riously deceived!  Look  for  a  moment  at  what  has  been  accomplished 
since  he  went  down  to  the  silent  shades  of  oblivion.  Minerva  is  now 
majestically  seated  on  the  throne  of  wisdom  and  the  muses  worship  at  her 
sacred  shrine.  The  world  looks  with  amazement  at  the  unparalleled  pro- 
gress of  the  Arts  and  Sciences,  and  the  happy  influence  of  the  revolutions 
of  the  great  moral  and  political  empire  of  man.  Ignorance  and  error  are 
dethroned  and  intelligence  and  freedom  now  occupy  their  places, — shining 
forth  with  all  the  eff"ulgence  of  the  noonday  sun.     How  vast  the  change! 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  29 

how  sublimely  progressive  the  Mind!  Though  such  grand  results  have 
marked  its  career,  we  are  now  only  prepared  to  see  dimly  through  the 
shadowy  vista  of  the  great  future  the  inexhaustible  sources  of  discovery 
and  speculation.  In  the  improvment  of  mind  consists  the  happiness  of 
man;  for  his  very  existance  depends  on  it.  To  understand  his  physical 
organization  and  immortal  nature,  his  domestic  relations  and  civil  asso- 
ciations, his  past  history  and  future  fortunes,  requires  the  exertion  of  his 
noblest  and  most  divine  powers.  Strike  from  existence  the  attribute  of 
mind  and  you  destroy  that  boasted  resemblance  between  man  and  his 
great  Creator,  you  destroy  all  that  is  great  and  noble;  you  destroy  a  gem 
that  attracts  the  attention  of  two  worlds. 

After  all  these  considerations,  what  more  appropriate  theme  could 
engage  your  attention  than  the  progress  of  the  Human  Mind: — a  subject 
that  reaches  back  to  the  beginning  of  time  and  which  extends  through 
all  futurity.  Divert  from  3'our  attention  the  pleasing  engagments  of 
the  present  and  permit  3'ourselves  to  be  transported  on  the  swift  wings  of 
thought  into  the  desolate  regions  of  the  past,  and  there  ruminate  amid 
the  windings  of  that  mighty  labyrinth  of  knowledge,  whose  basis  is 
founded  in  reason,  and  whose  glittering  pinnacle  rises  above  the  compre- 
hension of  man. 

Let  us  pass  in  respectful  silence  that  long  period  of  man's  existance 
after  his  banishment  from  Paradise  until  he  characterized  himself  as  the 
master  of  the  world,  b}-  laying  the  foundation  of  Government,  of  the  Arts 
and  Sciences  and  Literature.  Though  we  pass  this  period  unnoticed,  let 
us  remember  that  much  was  done  during  that  time  towards  rearing  the 
mighty  fabric,  which  we  are  about  to  consider:  let  us  remember  that  then 
it  was  the  mind  received  that  impress  that  characterizes  now,  w'hich  ever 
has  and  ever  will; — a  love  of  knowledge  and  freedom.  Then  come  down 
to  that  glorious  era  in  the  histor}'  of  the  world  when  man  first  conceived 
the  idea  of  transmitting  to  posterity  his  name,  emblazoned  with  all  the 
grandeure  and  importance  of  his  noble  achievments;  when  he,  becoming 
werried  with  gazing  unintelligibl}-  on  the  amazing  wonders  of  the  mate- 
rial world,  beheld  the  necessit}'  of  intellectual  improvement,  and  for  the 
first  time  made  a  transmission  of  his  knowledge,  by  inscribing  it  on  the 
walls  of  the  eternal  Pyramids  of  Egypt;  which  themselves  teach  a  lesson 
not  yet  learned  by  man.  Concentrate  evry  power  of  your  fancy,  and 
with  an  air  of  solemnity,  fix  them  for  a  moment  on  ancient  Eg)'pt,  "the 
land  of  Science  and  sacred  recollections."  In  that  land,  rendered  sacred 
by  the  undying  and  ever  beneficial  achievments  of  its  illustrious  inhab- 
itants, the  original  architect  of  human  happiness  and  grandure,  laid  the 
corner  stone  of  that  majestic  Temple  of  Wisdom,  that  is  allready  reared  to 
a  height  that  is  seen  from  the  uttermost  parts  of  the  world  and  which  is 
destined  to  rise  higher  and  higher,  and  shine  brighter  and  brighter  as  end- 


30  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

less  ages  roll  away.  The  knowledge  which  that  Nation  possessed  of  the 
Arts  and  Sciences,  Literature,  Painting,  Sculpture  and  Architecture  will 
ever  be  held  in  hoi}'  remembrance  by  the  Moralist  and  Philanthropist. 
They  point  to  it  as  the  beginning  of  intellectual  history  and  with  admira- 
tion, trace  from  it,  amid  the  mighty  revolutions  of  devouring  time,  the 
present  high  and  unexampled  state  of  human  perfection.  She  chose  to 
write  her  histor}-  on  stone  and  there  it  stands,  braving  the  corroding  tooth 
of  time  and  there  it  will  stand  forever.  Her  stupendous  pyramids,  the 
repositories  of  her  dead,  her  towering  oblisks  and  magnificent  temples 
will  cease  to  exist  only  with  time,  as  living  monuments  of  the  greatness 
and  grandeure  of  their  ambitious  authors.  But  notwithstanding  all  mer- 
ited greatness,  she  suffered  the  delusive  phantom  of  imaginary  perfection 
to  pervade  her  divinely  favored  domain,  and  transform  into  the  devotees 
of  Bacchus  those  who  before  kneeled  at  the  shrine  of  Minerva.  And  alas 
for  Egypt!  alas  for  the  world,  her  luxur}-  and  dissipation,  the  high  road 
to  ruin,  introduced  among  her  proud  inhabitants  direful  discord,  the 
inseperable  concomitant  of  war  and  intellectual  desolation.  Bloody 
Mars,  the  stern  avenger  of  insulted  genius,  laid  hold  of  her  boasted 
powers; — struck  the  deadl}-  blow  and  she  was  learned  egypt  no  more.  For- 
tunately for  mankind  intellectual  improvment,  like  an  ever-flowing 
stream,  is  onward  in  its  march,  and  though  at  times  it  moves  at  an  imper- 
ceptible pace,  3-et,  at  others  it  breaks  forth  with  all  the  grandure  of  a  fount 
gushing  from  the  earth,  or  the  sublimity  of  the  bursting  forth  of  volcanic 
fires  in  all  their  spontaneous  and  original  force.  Though  the  intellectual 
fire  that  began  to  burn  with  such  glowing  luster  on  the  Egyptian  altars 
had  gone  out,  it  was  allready  rekindling  in  another  nation  to  burn  with 
redoubled  [brilliancy?]  and  illume,  not  only  its  own  proud  clime,  but 
the  wide  extent  of  a  benighted  world.  Greece,  noble  Greece,  the  land 
of  the  Poet  and  the  home  of  the  Philosopher  had  already  caught  the  end- 
less strain,  and  as  the  bright  star  of  Egyptian  glory  was  about  to  set  in 
the  gloom  of  an  eternal  night,  she  sang  a  mournful  requiem  to  its  untimely 
departure.  Animated  b}'  the  unparalleled  example  of  intellectual  improve- 
ment placed  before  her,  she  combined  all  the  unconquerable  energies  of 
her  mighty  genius  to  imitate  it.  And  how  well  did  she  accomplish  this 
ennobling  design?  Go  seek  an  answer  amid  the  desolate  shades  of  her 
classic  halls,  and  a  hollow  murmur  breaks  forth,  from  within  their  silent 
recesses,  be  thou  the  umpire  of  our  departed  greatness; — then  turn  with 
solemn  and  pleasant  emotion  to  behold  the  millions  of  libraries  that  now 
deck  the  shining  walls  of  the  literary  world,  and  ask  the  question,  whence 
came  this  world  of  learning?  From  all  sides  you  hear  the  long  and  loud 
response,  Greece  learned  Greece  is  the  high  source  from  whence  it 
originated.  No  where  else  in  all  the  bright  realms  of  ancient  learning  do 
we  find  such  a  concentration  of  genius  to  unfold  the  hidden  beauties  of 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  31 

creation  and  reduce  to  elegance  and  refinement  the  degraded  state  of 
fallen  man.  When  she  had  rivaled  the  grandure  of  Egypt  and  beheld  her- 
self the  literar}-  mistress  of  the  world,  new  incentives  presented  them- 
selves to  her  enchanted  view,  and  she,  ever  ambitious  of  distinction  and 
her  cnvn  happiness,  persued  them  with  redoubled  vigor  until  she  won  for 
herself  a  reputation  that  will  live  until  the  wheels  of  time  shall  cease  to 
move.  But,  though  Greece  had  arrived  at  such  a  high  degree  of  emi- 
nence, and  had  given  the  mind  an  impulse  that  astonished  the  world,  she 
was  not  alone  in  the  preeminent  struggle  for  intellectual  improvment. 
Tliough  she  was  predominant,  yet  proud  Rome,  "the  imperial  city  of  the 
Cesars, "  had  seen  and  felt  its  irradiating  influence;  had  listened  with 
jealous  emotion  at  the  unbounded  sway  of  its  distinguished  votaries,  and 
had  begun  the  pleasing  task  that  lends  new  aid  at  every  step  and  leads  us 
on  to  the  summit  of  desired  glor\'.  She  did  not  rival  the  majestic  great- 
ness of  Greece  in  literature  and  learning,  yet  she  characterized  herself 
with  her  as  the  most  superb  nation  of  antiquit}",  and  whenever  we  con- 
template the  history  of  the  one  we  are  insensibly  led  to  consider  that  of 
the  other.  Who  can  conceive  how  far  these  nations  have  had  influence 
in  establishing  the  moral  and  literary  character  of  mankind  at  the  present 
time?  Where  is  he,  having  before  him  the  history  of  our  literar3'  insti- 
tutions that  will  not  say  their  productions  form  an  important  part  in  a 
liberal  education;  nay,  that  will  not  say  we  derive  from  them  much  of 
our  domestic  and  political  knowledge?  In  them  we  behold  the  original- 
it}-  of  untutored  mind,  and  we  contemplate  them  with  higher  admira- 
tion, as  they  are  but  the  beginning  of  a  stream  that  is  grown  into  a  mighty 
ocean;  that  is  destined  to  cover  the  world  with  its  balmy  waters.  The 
works  of  the  immortal  Cicero,  Horace  and  Virgil,  and  their  illustrious 
contemporaries  will  cease  to  be  admired  by  all  lovers  of  original  genius, 
only  when  this  might}-  universe  shall  vacate  infinity  and  the  aspiring 
mind  return  to  its  eternal  source.  Although  mind  had  braved  all  oppo- 
sition that  tended  to  impede  its  onward  march,  although  like  the  proud 
Eagle  of  the  majestic  Alps,  she  had  soared  beyond  the  vision  of  ordinar}- 
mortals  she  was  to  encounter  that  enemy,  which  but  for  the  unseen  influ- 
ence of  a  few  solitary  votaries,  would  have  sunk  her  in  that  night  on 
which  no  lovel}-  day  ever  dawns. 

The  downfal  of  the  Roman  Empire,  the  military  mistress  of  every 
nation,  was  the  direful  harbinger  of  that  long  period  of  physical  and 
intellectual  commotion  that  marks  the  histor}-  of  the  world.  The  porten- 
tous clouds  of  red  ruin  were  seen  hastening  from  the  north  to  the  south 
of  Europe,  where  they  were  to  dispel  their  firy  fury  and  la}^  in  desolation 
the  once  blissful  abodes  of  Orpheus  and  the  Muses.  Sauguin  Mars,  with 
his  barbarous  hosts,  made  the  golden  temple  of  learning  the  awful  seat  of 
war,  and  drenched  the  halls  of  science  with  the  noble  blood  of  their  royal 


32  AUGUSTUS    SUMMERFIELD    MERRIMON. 

inmates.  For  the  long  space  of  a  thousand  years  intellectual  darkness 
pervaded  the  world.  The  glowing  fires  that  blazed  on  the  altars  of  Greece 
and  Rome  had  ceased  to  burn.  The  Poets,  Orators,  and  Philosophers 
were  hushed  in  death  and  their  bones  were  bleaching  on  the  soil  where 
they  once  taught.  No  light  cheered  the  drooping  head  of  science,  except 
the  occasional  appearance  of  some  giant  genius,  that,  like  the  passing 
comet  shined  the  brighter  because  of  the  surrounding  darkness,  and  soon 
faded  from  the  excited  view  to  be  seen  no  more.  All  bespoke  ruin  and 
in  the  language  of  the  immortal  Milton: 

Earth  felt  the  wound:  and  nature  from  her  seat 
Sighing  through  all  her  works,  gave  sighs  of  wo 
That  all  was  lost. 

But  all  was  not  lost,  no!  Another  mighty  struggle  was  to  be  made. 
Although  the  Promethean  spark  that  lighted  the  intellectual  firmament 
had  grown  dim,  and  learning  had  shaken  the  mists  from  her  pinions  for 
a  long  and  perhapse  eternal  flight,  mind  unconquerable  mind  was  to 
make  another  effort  to  regain  her  fallen  grandure.  The  cloistered  homes 
of  the  Literati  that  survived  the  dreadful  storm  were  now  to  be  found. 
Constantinople,  the  place  of  their  refuge  was  made  the  seat  of  carnage 
and  they  were  dispersed  through  the  European  Continent  to  continue  that 
march  which  had  almost  ceased  for  ten  centuries.  In  this  might}'  con- 
flict for  predominence  the  mind  was  victorious; — she  resumed  her  directive 
sway; — the  dark  clouds  of  raven  despair  began  to  dispel  and  the  radient 
sun  of  the  intellectual  firmament  to  shine  with  redoubled  splendor.  Then 
was  a  new  era  in  the  history  of  the  world.  The  past  was  made  the  basis 
of  the  mighty  superstructure  of  intellectual  perfection  that  now  graces 
the  existance  of  man. 

Who  does  not  contemplate  with  the  highest  emotion  the  swift  march  of 
mind  during  the  last  three  centuries?  Who,  that  is  acquainted  with  the 
records  of  the  past,  does  not  believe  that  it  has  made  more  than  a  propor- 
tionate progress?  It  is  admitted  that  the  more  the  mind  expands  the 
more  are  its  capabilities;  but  taking  this  into  consideration,  has  not  its 
march  been  more  than  a  ratio?  Behold  what  it  has  done,  what  it  is  doing 
and  ask  yourselves  the  question  whether  this  be  true  or  not?  So  vast 
has  been  its  progress,  that  we  might  spend  the  thread  of  life  and  then  fail 
to  tell  half  the  wonders.  We  might  refer  to  the  reform  in  Philosophy 
and  Literature;  we  might  behold  the  improvment  in  Mechanics,  and 
point  to  the  majestic  ship  as  she  proudly  ploughs  the  stormy  billows  of 
the  might}^  Ocean,  and  the  steam  engin  that  propels  her,  we  might  look 
at  the  telegraphic  wires  that  conduct  news  from  one  end  of  our  conti- 
nent to  the  other  with  the  speed  of  lightning;  we  might  look  at  the  mill- 
ions of  twinkling  spheres  that  shine  in  ethereal  infinity;  point  them  out. 


AUGUSTUS    SUMMERFIELD    MERRIMON.  33 

one  by  one,  tell  their  distances  sizes  and  revolutions,  we  might  point  to 
the  brilliant  sun  and  tell  you  his  magnitude  and  weight,  and  then  fail 
to  tell  half  of  what  has  been  done  within  the  short  space  of  three  hun- 
dred years.  Brighter  and  brighter  has  beeii  the  history  of  man  since  the 
beginning  of  the  sixteenth  century  and  brighter  it  will  continue  to  be. 
New  discoveries  are  making  daily; — new  wonders  are  constantly  discov- 
ered by  the  penetrating  eye  of  mind.  Its  happiness  consists  in  its  prog- 
ress and  it  is  now  beginning  to  see  and  know  its  unbounded  power. 
Three  thousand  years  ago  man  was  in  Egypt  beginning  his  grand  career. 
Then  his  mind  was  baren,  untutored;  he  was  unconscious  of  the  divine 
spark  which  he  possessed;  but  behold  how  changed!  Nature  has  assumed 
a  new  aspect.  He  now  no  longer  beholds  the  wonders  of  creation,  as  the 
untamed  beasts  of  the  forests,  no,— he  now  beholds  himself  the  undesputed 
master  of  the  boundless  universe.  He  now  knows  his  divinity; — he  now 
knows  that  his  happiness  consists  in  approaching  the  perfection  of  his 
great  Creator.  x\nd  what  has  been  the  cause  of  all  this?  Man's  strength 
alone  could  not  do  it;  There  is  another  higher,  nobler,  a  more  heavenly 
cause.  That  holy  volume  of  truth  that  was  thundered  from  Sinai's  sacred 
top,  amid  the  awful  convulsions  of  nature,  is  the  light  that  shines  with 
meridian  splendor  in  directing  man  in  the  high  road  to  happiness.  We 
have  thus  contemplated  mind  from  its  infant  state  to  the  present  time. 
What  a  glorious,  what  a  sublime  march!  Where  is  he  that  does  not 
rejoice  that  he  lives  in  the  nineteenth  century  to  behold  the  present  state 
of  human  grandure?  that  he  sees  the  glorious  sun  of  truth  rising  to  set 
no  more.  We  have  seen  that  perfection  is  the  desire  of  mind,  that  it  has 
been  progressive,  that  it  is  progressive,  and  judging  from  the  past  what 
mav  we  expect  in  future?  The  present  is  pregnant  with  theories  that  are 
soon  to  be  realized;  new  ones  are  beginning  to  germinate  and  sooner  or 
later  will  deck  the  records  of  the  past  as  the  discoveries  of  Newton  and 
Fulton.  Man  ploughs  the  billowy  Ocean;  plays  with  the  lightnings  of 
Heaven,  measures  the  plannets  and  weighs  the  sun;  how  long  then  will 
it  be  until  the  unseen  wonders  of  the  ocean  and  the  bowels  of  the  earth 
shall  be  explored?  Who  dares  to  say  this  will  not  be  done; — nay,  who 
dares  to  say  that  man  will  not  ride  in  the  etherial  sky  as  he  now  does  the 
great  waters?  Mind  is  a  spark  of  the  Deity: — it  is  immortal  and  we  have 
seen  that  it  is  desirous  of  nothing  but  perfection.  What  then  are  we  to 
conclude  will  be  its  happiness,  when  in  the  language  of  the  Poet  it  shall 
have  passed: — 

The  flaming  bounds  of  space  and  time; 
The  living  throne  the  sapphire  blaze, 
Where  angels  tremble  as  the\'  gaze? 

Are  we  not  to  conclude  that  it  is  still  onward;  that  it  is  still  approaching 
that  perfection  which  is  perfect,  and  though  it  will  live  throughout  eter- 
5 


34  AUGUSTUS    SUMMERFIELD    MERRIMON. 

nity,  it  will  still  be  making  new  discoveries,  demonstrating  new  truths,  see- 
ing new  glories  and  enjo^-iug  new  happiness?  This  is  our  conclusion.  It 
is  onward  and  upward  !  How  great  then  is  man,  how  great  that  spark  of 
Divinity,  that  has  been  kiudleing  for  the  long  round  of  six  thousand  years 
and  which  will  continue  to  shine  brighter  and  brighter  throughout  the 
long  ages  of  vast  Eternity! 

The  father's  moderate  means  did  not  admit  of  the  son's 
being  sent  to  college,  and,  such  being  the  case,  Augustus, 
with  the  determination  that  characterized  many  of  his 
later  actions,  and  which  was  strong  enough  to  surmount 
the  difficulties  that  beset  him  in  many  ways,  procured  a 
position  as  assistant  to  his  former  teacher,  Mr.  Norwood,  of 
Asheville,  and  was  thereby  enabled  to  continue  his  own 
mental  training  while  endeavoring  to  train  the  minds  of 
others.  He  was  not  shut  off  from  difficulties  and  tempta- 
tions, and  therefore  knew  their  undermining  strength;  but 
it  seems  that  the  sturdy  foundation  of  lofty  character  had 
already  been  laid,  e'er  he  left  the  home  of  his  youth,  and 
that  he  was  fortified  to  resist  the  allurements  of  temptation 
by  strength  of  self-discipline.  His  early  writings,  when 
viewed  in  connection  with  the  circumstances  of  his  early 
life,  his  limited  educational  advantages  and  the  individual 
effort  exerted  to  surmount  those  limited  advantages,  reveal 
the  character  of  their  writer,  to  a  great  extent,  clearly  and 
unmistakably. 

After  assisting  Mr.  Norwood  for  some  months  in  his 
school-work  my  father  turned  his  attention  to  the  study 
of  the  law,  the  regular  course  in  which  he  began,  accord- 
ing to  his  own  account,  on  the  5th  of  December,  1850, 
being  at  that  time  but  little  more  than  twenty  years  of  age. 
Two  of  his  cousins,  the  Misses  McDowell,  had  married 
the  well-known  lawyers,  N.  W.  and  J.  W.  Woodfin,  and  it 
may  have  been  either  from  association  with  them  or  from 
natural  inclination  that  he  chose  the  studv  of  the  law  as 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  35 

the  study  of  liis  life.  However,  from  the  diary  written 
about  this  time,  and  which  is  now  in  my  possession,  it  may 
be  very  clearly  seen  that  he  pursued  his  chosen  study  with 
the  determination  to  succeed,  if  possible,  and  in  reading 
those  pages  one  is  struck  not  only  with  the  beauty  and 
force  of  some  of  the  expressions  and  sentiments,  but  also 
with  the  evidences  of  the  boy's  marked  characteristics,  his 
perseverance  and  studiousness,  and  above  all  wuth  the 
deeply  moral  and  religious  tone  that  bears  sway  through 
the  whole.  The  strong  points  of  the  character  of  the 
future  man  were  clearly  expressed  in  his  words,  noble  and 
manly,  full  of  the  inspiration  and  determination  of  youth. 
Throughout  all  of  these  selections  from  the  old  and  time- 
worn  documents,  yellow  with  age,  written  in  the  boyish 
handwriting  characteristic  of  the  writer,  the  expressions 
and  diction,  with  the  faulty  spelling,  have  been  followed 
carefully. 

SELECTIONvS  FROM  A  DIARY  OF  THE  STUDIES  AND 
OBSERVATIONS  OF  A.  S.  MERRIMON. 

December  s,  1S50. — Today  I  comniensed  the  study  that  I  presume  will 
be  ended  only  with  my  life.  I  have  just  entered  upon  the  study  of  the 
Law; — a  study,  which  I  think  I  may  safely  say,  is  the  high  road  to  wealth, 
honour,  distinction  and  intellectual  worth.  It  embraces  allmost  evry 
thing  calculated  to  improve  ones  mind,  and  indeed,  it  seems,  as  if  it  is 
intended  but  for  few,  as  the  past  teaches  us  that  few  men  have  fully  under- 
stood and  taught  it.  Whether  I  shall  succeed  or  not,  none  but  God  knows, 
and  in  him  I  put  all  my  trust,  for  it  is  from  him  comes  all  things.  One 
thing,  however,  is  certain;  no  labor  nor  pains  shall  be  wanting  on  my  part 
to  make  myself  both  useful  and  respectable.  Relying  on  the  maxim,  that 
labor  will  be  rewarded,  I  go  forth  to  the  task  with  ardor,  though  not  with- 
out doubts  and  fears.  Thousands  have  attempted  to  climb  the  mighty 
steep  and  have  failed;  and  in  repining  have  plunged  the  dark  abyss  of 
ruin  and  disgrace.     Great  God  save  me  from  this! 

I  have  today  studied  the  chapt.  upon  Absolute  Rights  of  persons,— one 
full  of  interest,  and  which  I  doubt  not  I  understand  tolerably  well.  This 
evening  I  read  a  chapt.  in  Paley's  Moral  Philosophy  upon  the  different 
kinds  of  Government,  which  is  quite  interesting.     Some  domestic  busi- 


S6  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

ness  prevented  me  from  reading  as  much  as  I  had  intended,  however  I 
had  the  longer  time  to  reflect  on  what  I  read,  and  reflection  is  beneficial. 
This  morning  I  went  to  m}-  Preceptor's  Office,  J.  W.  Woodfin  Esq. 
and  was  soon  met  by  him  and  Z.  B.  Vance  Esq.,  who  is  my  brother  student 
in  Law,  and  is  one  whom  I  esteem  much.  I  think  him  to  be  a  young 
man  of  more  than  ordinary  talent,  and  at  the  same  time  possessing  a 
manly,  gentlemanly  disposition.  I  hope  time  will  prove  us  both  good 
friends  and  useful  members  of  society. 

SiLfiday,  December  j. — The  day  being  very  cold  I  felt  disposed  to  keep 
near  the  fire  and  enjoy  myself  in  reading.  I  read  several  chapts.  in  the 
Bible,  and  not  a  little  in  other  books.  In  the  afternoon  I  went  to  the 
Methodist  Church  and  herd  the  Rev.  E.  Rowle}-  preach  an  excellent  ser- 
mon,— one  which  did  him  credit  and  which  I  Avould  suppose  entertained 
his  audience  very  much. 

gth  and  lot h. — This  morning  I  arose  at  the  usual  hour  and  prepared  for  my 
daily  business.  In  the  first  [place]  I  read  a  chapt.  in  the  Bible,  and  this 
I  will  make  a  general  rule,  for  the  first  matter  to  which  I  attend  in  the 
morning.  I  then  engaged  in  some  light  reading  until  breakfast,  after 
which  I  read  Law,  upon  the  subject  of  the  Kings  Prerogative  until  9 
o'clock.  Then  paid  a  visit  to  my  relations,  which  was  very  pleasant 
*  "^  *  After  returning  to  \w\  room  I  spent  the  day  in  the  study  of  Law, 
except  at  intervals  when  I  would  be  reading  something  amusing  rather 
than  instructive. 

The  evening  the  top  story  of  our  Court  House  went  up,  not  falling  far 
short  of  one  hundred  feet  from  the  ground.  Ma}-  the  ability  of  the  bar 
be  in  proportion  to  the  height  of  the  house! 

December  10. — This  morning  I  prepared  for  business  as  usual.  After 
my  Bible  reading  I  commensed  the  very  long  chapt.  in  Blackstone,  on 
the  Kings  Revenue.  It  has  occupied  most  of  the  day;  some  time,  how- 
ever, was  spent  in  assisting  Mr.  H.  Johnston  in  his  store.  This  I  can't 
call  lost,  as  I  am  thereby  profited.  This  evening  I  spent  some  time  in 
conversation  w'ith  my  friend  Z.  B.  Vance.  This  was  quite  a  recreation  as 
he  is  full  of  life  and  fun.  One  loves  to  be  relieved  occasionally  from  the 
close  paths  of  such  reasoners  as  Blackstone.  Tonight  for  the  first  time 
we  have  had  an  examination  upon  the  Law.  Mr.  Woodfin  examined  us 
about  an  hour  and  I  believe  we  met  his  anticipations. 

I  will  now,  (12  o'clock),  retire  to  rest,  and  find  the  peaceful  enjoyments 
of  sleep,  which  seems  to  be  rest,  and  the  onh'  rest  which  man  has,  frome 
the  cares  and  toils  of  busy  life.  Sleep,  O  sleep,  thou  art  the  balm  of  our 
existance.  -^^  *  *  How  wise,  how  great,  how  good  is  the  Creator  of 
Man; — the  dispenser  of  all  blessings  ! 

DeceDiber  11. — I  arose  this  morning  at  the  usual  hour  and  found  nature 
all  serene.     Beautiful  as  a  virgin  was  the  morning,  and  all  seemed  inviting. 


AUGT'STUS    SUMMERFIELD    MEKRIMON.  37 

Books  called  my  attention  to  their  hidden  treasures.  *  *  *  When 
nature  is  calm,  how  pleasant  it  is  to  think,  and  how  pleasant  it  is  to 
know  that  all  blessings  come  from  an  inexhaustible  source. 

Our  Town  is  full  of  life  today.  We  here  the  ring  of  the  hammer,  the 
crashing  of  the  saw,  the  cracking  of  whips,  the  rattleing  of  waggons,  the 
noise  of  cattle  and  hogs  and  the  hum  of  the  merchant.  All  these  com- 
bined furnish  quite  an  interesting  sene  for  one  who  is  disposed  to  look  on 
and  contemplate.  How  much  nature,  is  here  exhibited,  how  much  of  the 
old  Adam?  We  see  each  one  striving  for  himself,  and  are  led  to  consider 
the  wholesome  laws  that  actuate  to  industry;  laws  which  restrain  the 
vicious  intruder,  and  protect  the  unoffending  laborer.  How  vast,  how 
good  the  embodiment  of  laws  which  we  hold  as  our  municiple  code,  not 
to  think  of  our  National  and  Natural  rights  and  privileges.  Man  is 
mightv,  and  vet  a  bubble.  He  weighs  the  universe  in  a  scale,  penetrates 
the  bowels  of  the  earth,  and  yet  cannot  comprehend  an  acorn.  How 
mighty,  how  little;  how  worthful,  how  worthless! 

December  12. — Man's  existance  requires  him  to  take  some  part  with  his 
fellow  mortal,  else  he  would  be  selfish  and  miserable.  It  is  said  that  this 
is  a  world  of  cold  heartedness,  but  this  will  not  do  for  a  true  maxim  when 
we  extend  it  to  mankind  generally;  for  there  is  a  sympathetic  quality  in 
mankind  generally  that  ever  has  and  ever  will  be  cherished.  'Tis  that 
which  makes  man  more  refined  than  brutes. 

Tonight  I  spent  a  few  minutes  in  conversation  with  some  visitors, 
among  whom  was  my  friend  Vance.  After  some  conversation  we  went 
to  the  office  of  our  Preceptor.  *  *  We  left  at  yi  past  11  o'clock.  After 
retireing  to  my  room  I  have  spent  some  time  in  reading  and  will  now,  12 
o'c'lk,  retire  to  rest. 

December  13. — I  have  today  done  my  usual  amount  of  reading.  My 
lessons  in  Blackstone  embraced  two  chapts.  Both  dry  and  of  little 
importance  only  as  mere  historical  knowledge.  One  cannot,  however, 
appreciate  too  well  any  thing  that  this  eminent  jurist  says;  for  he  says 
what  is  necessary  and  no  more.  We  seldom  find  books  of  this  quality. 
We  might  find  books  written  in  more  flowery  style,  yet,  this  would  not 
be  in  strict  accordance  with  the  scrutinous  acts  of  law,  it  being  its  object 
not  to  please  alone,  but  to  tell  us  our  duty  in  plain  and  unmistakeable 
stN'le. 

December  22. — I  have  spent  the  greater  part  of  the  day  in  reading 
various  books.  This  evening  I  called  on  my  friend  Vance  and  we  spent 
some  time  very  pleasantly.  However,  I  paid  well  for  our  pleasantry  as  I 
got  wet  on  my  way  home.  Tonight  I  tried  for  the  second  time  in  my 
life  to  see  whether  I  could  do  anything  with  the  Muses.  I  made  a  sort  of 
an  out,  not  very  good.  Indeed  I  dont  believe  I  was  made  for  a  Poet.  I 
have  very  little  taste   for  Poetry,   let  alone  writing  it.     I  have  for  some 


38  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

time  been  trying  to  improve  my  taste  iu  this  respect,  but  with  seeming  little 
effect.  There  appears  to  be  something  of  too  small  a  nature  or  too  great, 
I  hardly  know  which. 

January  28. — This  morning  for  m}-  first  improvment  I  have  read  a  chapt. 
in  the  Bible.  This  is  a  book  that  is  not  only  valuable  because  of  its 
divine  character;  but  also  because  of  the  vast  amount  of  general  informa- 
tion it  contains.  It  has  something  in  it  about  allmost  everything,  some- 
thing too,  that  all  feel  interested  in.      All  should  read  and  stud}'  it. 

For  the  last  3^s  of  an  hour  I  have  been  listening  to  the  folly  of  youth, 
and  truly  the  folly  of  youth  is  folly,  for  in  it  is  no  worth.  It  is  the 
height  of  folly  to  pass  one's  time  in  the  company  of  the  vicious.  Vet,  it 
is  impossible  to  avoid  such  company  as  we  pass  along  the  misty  wrecks 
of  time.  Wo  unto  the  youth  that  spends  his  time  in  talking  idly  and 
never  thinking  for  a  moment  of  that  which  is  noble,  of  that  which  makes 
original  barreuess  present  greatness  and  worth. 

January  2g. — This  morning  I  was  up  as  usual  and  read  a  chapt.  in  the 
Bible.  After  breakfast  I  finished  the  first  Vol.  of  Blackstone's  Com- 
mentaries. How  much  I  know  of  the  science  of  Law  I  can't  determine. 
I  have  gone  over  the  vast  field  of  Rights  of  Persons  and  Rights  of  Things 
and  though  I  can  perceive  I  know  much  to  which  I  was  before  a  stranger, 
yet  I  can  with  equal  facility  see  that  there  is  much  that  I  do  not  fully 
comprehend.  I  have  spent  some  time  today  in  general  reading.  This 
I  consider  an  allmost  indispensable  rec^uisite.  M3'  education  is  not  that 
of  one  who  has  all  the  advantages  of  a  life  of  plent}',  and  I  must  so  far 
as  possible  supply  this  requisite  by  increased  labor  and  application.  The 
sun  rose  this  morning  in  all  his  shining  splendor  but  was  soon  obscured  by 
the  dark  snow  clouds  that  passed  before  his  cheering  presence.  How 
illustrative  of  this  life!  The  winds  are  now  howling  the  requiem  of  the 
past  day,  and  tell  mourn  full}-  that  we  may  never  expect  its  return  again. 
Surely  we  ought  to  improve  evry  moment;  for  when  once  it  passes  us 
we  embrace  it  no  more,  it  is  then  with  the  eternity  of  the  past.  'Tis 
mournful  to  muse  on  the  past:  friends  that  once  cheered  our  gloomy 
hours  are  gone  to  the  land  of  spirits,  precious  privileges  have  been  per- 
mitted to  pass  by  unembraced  and  we  are  the  dupes  of  indolence  and 
ignorance.  Where  is  the  man  who  can  say  I  know  of  no  hour  that  I  spent 
unwisel}^?  Ah!  he  lives  not,  and  though  thousands  of  great  and  illus- 
trious characters  have  graced  the  world,  ^-et  none  have  died  without  some 
secret  regret  of  some  mist  spent  time.      How  careful  should  we  be! 

January  ^i. — I  have  now  commensed  the  business  of  the  day,  by  read- 
ing a  chapt.  in  the  Bible.  I  find  this  book  of  books  more  interesting 
than  at  an}'  previous  time.  There  is  much  that  is  interesting  to  me,  both 
as  historical  information  and  as  that  wich  is  of  the  Deitv.     One  cannot. 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  39 

too- well  understand  the  works  of  the  Deit}^  and  there  is  no  book  better 
calculated  to  unfold  them  than  the  Bible. 

I,  before  dinner,  was  reading  over  some  of  the  chapts.  in  Blackstone 
on  Personalty.  I  also  read  some  of  Paley's  remarks  on  religious  systems. 
I  am  not  fully  convinsed  of  his  doctrine,  and  further,  I  believe  that  our 
own  happy  institutions  go  to  prove  the  contrary  of  what  he  writes. 

Since  dinner  I  have  been  engaged  in  reading  my  text-book  and  Shakes- 
pear. 

February  J,  i8^i. — I  have  been  engaged  during  the  greater  part  of  the 
day  in  reading  the  last  chapts.  of  Blackstone's  ist  and  2d  Vols.  This 
evening  my  friend  Z.  B.  Vance  called  at  my  room  and  myself  and 
he,  after  taking  no  small  quantity  of  very  good  apples,  took  a  walk  for 
our  exercise  and  amusement.  Returned  and  examined  the  Court  House 
as  to  its  commodiousness. 

I  find  m}^  want  of  a  knowledge  of  the  Latin  Language  very  much  in 
nu'  way.  I  am  constantly  comeing  over  Latin  words  and  phrases  that 
very  much  frustrate  me  in  m}'  comprehension  of  the  intention  of  the 
author.  I  see  no  way  to  overcome  this  difficult}^  but  by  untiring  perse- 
verance and  by  a  constant  refference  to  the  best  Eng.  Dictionaries. 

February  26,  /Sj/.  —  l  read  Law  and  Poetry  until  dinner.  *  ^  *  My 
taste  for  it,  (poetr}^)  I  find  is  becoming  much  better,  and  much  that  I 
once  found  dull  to  me,  is  now  very  palateable.  This  is  calculated  to 
improve  ones  language  and  sentiment.  The  day  is  like  a  May  day.  The 
sun  shines  beautifulh'  and  warmly.  *  ^  *  We  see  the  busy  merchant 
engaged  behind  the  counter,  we  hear  the  rap  of  the  industrious  carpenter 
and  see  the  sturdy  countrj-mau  as  he  comes  to  get  his  domestic  neces- 
saries and  farming  utensils.  All  is  busy  life.  The  student  is  shut  up  in 
his  study  prepareing,  with  hope,  for  future  days  and  years.  He  looks 
around  at  volumes  of  what  others  have  done  and  asks  himself  w'hether 
he  will  be  able  to  leave  something  of  the  same  kind  behind  him  when  he 
is  silent  in  death.  He  looks  forw^ard  to  the  time  when  the  world  will 
behold  him  on  the  arena  of  life,  contending  with  his  fellowman  for  honor 
and  distinction.  And  while  he  thus  meditates,  a  deep  emotion  comes  up 
in  his  heart  which  causes  him  to  doubt  his  strength  for  these  things.  Yet 
with  buoyant  hope  he  still  winds  his  way  onward  throug  the  musty 
records  of  the  sages  that  are  silent  in  death  and  live  onh^  in  their  works. 
It  is  a  consolation  to  him,  to  know  that  labor  will  make  him  at  least 
respectable.  How  vast  the  X'niverse,  how  expansive  the  mind  of  man, 
and  yet  how  little  he  really  knows. 

February  2j,  i8§i. — Tonight  Vance  and  myself  met  and  passed  a  short 
examination.  We  will  soon  have  finished  the  fourth  book  of  Blackstone; 
then  I  presume  we  will  take  up  Coke,  a  long  and  tedious  book. 


40  AUGUSTUS    SUMMERFIELD    MERRIMON. 

We  have  heard  from  Gov.  Swain  who  thinks  it  advisable  for  ns  to  remain 
here  until  Julj'.  By  doing  this  we  will  be  prepared  to  get  County  Court 
Licens.  I  am  of  opinion  that  I  will  do  as  well  to  wait  until  next  fall  and 
get  Licens,  as  I  will  have  more  time  to  devote  to  general  reading.  This 
is  all  important  to  me  as  my  education  has  not  been  so  extensive  as  it 
should  have  been.     Labor  overcomes  all  things. 

March  8,  1851. — The  brilliant  sun  has  just  gone  down  behind  the  west- 
ern hills; — all  behind  him  looks  sedate.  Ten  million  twinkling  stars  shine 
far  above  our  heads.  The  silver  moon  moves  placidly  along  in  her  ethe- 
real track  *  *  *  Truly  the  works  of  the  Deity  are  wonderful,  nay, 
sublime.  If  we  suffer  ourselves  to  rove  in  the  widest  fields  of  imagina- 
tion, we  then  fail  to  picture  nature  in  all  her  beauty,  in  all  her  majestic 
grandure.  How  beautiful,  how  majestic,  how  sublime  all  around  above 
and  below  me. 

O  God  thou  art  a  God  of  greatness.     Truly  thou  ought  to  be  rever'd. 

March  p,  18^1. — The  day  is  beautiful.  It  is  now  3  o'clock.  I  see  posted 
along  the  streets  gangs  of  white  boys,  men,  and  negroes: — quite  a  revolt- 
ing sight  on  the  sabbath  day.  Men  surely  have  very  little  self  respect  to 
be  thus  profaning  the  Lords  da3\  They  would  be  much  better  employed 
at  Church,  or  in  reading  some  good  book:  but  alas,  where  "ignorance  is 
bliss  tis  folly  to  be  wise."  How  unfortunate  for  the  individuals  them- 
selves, and  how  much  more  so  for  our  own  country.  It  is  to  be  regretted 
that  our  State  Legislature  does  not  interpose  in  such  matters.  If  we  look 
around  upon  our  country  we  see  that  it  is  quite  ignorant,  even  of  the  most 
common  topics,  and  yet,  there  is  little  effort  making  for  intellectual 
improvement.  So  long  as  this  is  the  case,  so  much  the  slower  will  we  be 
in  rising  to  the  highest  point  of  national  disti[n]ction-and  worth. 

April  i^,  i8j/. — Since  morning  I  have  been  closely  engaged  in  reading 
Blackstoue,  and  Fearne  on  Remainders.  The  latter  is  decidedly  the  most 
intricate  book  I  ever  read.  I  hope  to  understand  it  at  least  tolerably  well 
by  the  time  I  am  done  with  it.  I  dont  believe  that  any  one  ever  fully 
understood  it,  not  even  Fearne  himself. 

Tonight  I  spent  a  few  minutes  in  reading  Chemistry;  a  subject  that  I 
have  hitherto  neglected. 

May  21. — For  the  last  two  days  I  have  been  engaged  in  reading  Law 
etc.  etc.  I  have  not  been  engaged  all  the  time  and  this  I  have  to  regret, 
for  time  is  always  precious  and  is  doubly  precious  to  me.  If  I  spend  it 
unprofitably  then  I  have  the  greater  cause  of  regret.  He  who  would  be 
great  must  be  assiduous,  however,  great  his  genius  may  be,  and  he  who 
would  be  nought,  (and  which  God  forbid  I  should  be),  then  let  him  spend 
his  time  idl)\  This  I  seldom  do,  and  this  is  perhapse  the  reason  I  have 
such  bitter  reflections  on  passing  time  idly.  *  ^•'  *  I  look  back  and 
see  how  little  I  have  accomplished,  then  look  forward  to  the  work  I  have 


AUGUSTUS    SUMMERFIELD    MERRIMON.  41 

to  do  and  aui  fdled  with  apprehensions  of  fear  as  to  ui}-  success  in  the 
world.  I  have  this  consolation,  however,  that  thousands  in  as  limited 
and  unfavorable  circumstances  as  myself  have  attained  the  highest  dis- 
tinction. 

Why  may  I  not  follow  in  their  footsteps?  I  live  in  a  land  of  liberty, 
the  only  place  where  worth  is  ever  fully  appreciated;  the  road  is  open  and 
on,  on  I  will  go  than  I  should  fail.  -^  ^  *  i  have  read  some  of  the 
writings  of  Edgar  A.  Poe.  I  have  also  read  his  life.  I  know  not  that  I 
ever  read  the  life  of  any  man,  except  that  of  Napoleon  with  more  sympa- 
thy than  his.  He  was  perfectly  miserable  and  the  most  of  all  was  he, 
himself  was  the  author  of  all  his  misfortunes.  We  have  to  pity  the  weak- 
ness of  mankind  and  it  seems  that  this  weakness  is  to  be  more  pittied 
when  we  see  it  fully  developed  in  great  genius. 

Men  boast  of  strength  of  mind,  of  greatness  but  alas  how  frail  the}-  are 
when  we  think  of  perfection. 

June  10,  /Sj/. — Nature  seems  to  have  on  her  loveliest  garb  now.  There 
are  ten  thousand  charms  to  call  one's  attention  to  the  senery  around  him. 
The  whole  forests  are  clad  in  green,  the  fields  are  smiling  with  grain  and 
all  seems  to  rejoice.     *     "^     ""' 

What  a  great,  what  an  almight}-  God  made  all  these  wonders.  Surely 
he  deserves  our  devotion,  our  most  sincere  worship.  Hard  must  be  the 
heart  of  him  who  fails  to  see  and  appreciate  the  goodness  of  God.  Surely 
such  a  mortal  must  be  dead  to  all  that  is  noble  and  edifying.  I  cant 
believe  there  are  such.  W^ho  would  want  a  better  proof  of  God  than 
Nature. 

June  //,  iS^i.—l  have  spent  the  day  in  reading  Blackstone  and  Saun- 
ders. I  finished  reading  Saunders  this  evening.  I  recited  my  first  Latin 
lesson  this  evening  to  Rev.  E.  Rowley, — a  gentleman  whom  I  consider 
well  qualified  to  instruct  me  in  that  language.  I  have  commeused  the 
study  of  Latin  because  I  believe  it  will  be  of  great  advantage  to  me  and 
becaus  I  have  some  time  that  may  be  well  occupied  in  such  a  study. 

June  i>/,  i8^i. — I  have  just  commeused  reading  Hume's  histor}^  of 
England.  It  is  very  dry.  I  must  however  notwithstanding  this  read  it 
and  read  it  closely.  It  is  of  vast  importance  to  the  well  understanding  of 
the  English  law. 

July  /,  iS^i. — This  morning  I  read  a  chapt.  in  Blackstone,  then  read 
Histor}-,  then  spent  some  minutes  in  reading  Burke  on  Taste.  I  then 
went  into  Court  and  spent  my  time  till  12  M.  "^  ^  -^  This  is  the  fir.st 
day  of  July.  How  fast  time  flies!  How  we  should  improve  it  too  as  it 
passes. 

July  2S,  /Sj/. — This  morning  I  read  several  chapts.  in  the  Bible.  After 
breakfast  spent  some  time  in  reading  News  Papers.     At  J3  after  10  o'clock 

6 


42  AUGUSTUS    SUMMERFIELD    MERRIMON. 

I  went  to  the  M.  E.  Church  and  herd  a  very  good  sermon  from  Rev.  W. 
Hicks.  He  is  a  very  fervent  man.  His  appeals  to  sinners  are  very  vehe- 
ment. This  evening  I  attended  the  Presbyterian  Church  and  herd  a  very 
good  sermon.     It  was  well  delivered  and  was  written  in  good  style. 

jlfonday.  — This  movn'mg  I  commensed  the  business  of  the  new  week 
by  reading  the  chapt.  in  Biackstone  on  the  Feudal  System.  This  is  quite 
an  interesting  and  important  chapt.  After  reading  this  I  read  one  in  the 
4th  Book,  which  was  no  less  interesting.  I  then  spent  the  remainder  of 
the  fore  part  of  the  day  in  reading  Hume's  History. 

Since  dinner  I  have  been  prepareing  my  Latin  lesson.  Latin  requires 
a  ver}'  great  effort  of  the  memory.  It  is  not  so  pleasant  on  that  account. 
I  think  however,  that  I  will  gradually  acquire  a  sound  knowledge  of  latin. 

August  ^,  i8si. — This  morning  I  commensed  the  business  of  the  day 
by  reading  the  trial  of  Sir  Walter  Raleigh.  This  was  quite  interesting. 
In  the  greatness  of  man  there  is  also  weakness.  He  was  a  great  man, 
yet  like  all  others  he  had  his  infirmities.  I  then  read  a  chapt.  in  second 
Biackstone  on  Estates  in  Possession  Remainder  and  Reversion.  This 
chapt.  thoug  intricate,  was  very  interesting. 

It  was  at  this  early  period  of  his  career  that  my  father 
met  her  who  was  to  be  his  helpmeet  through  forty  years  of 
life  together,  Margaret  Jane  Baird,  daughter  of  Israel  and 
Mary  Tate  Baird.  The  latter  was  a  daughter  of  Samuel 
and  Elizabeth  Tate,  of  Pennsylvania,  several  of  whose 
descendants  of  the  old  family  of  Tates  may  now  be  found 
in  Western  North  Carolina.  Israel  Baird  was  the  son  of 
Bedent  Baird,  who,  with  Zebulon  and  Andrew,  bis  brothers, 
removed  from  New  Jersey  and  came  to  North  Carolina, 
settling  in  the  mountainous  district  of  this  State,  of  which 
section  they  may  be  regarded  as  among  the  pioneer  settlers, 
where  they  became  large  land-owners  and  well-known  citi- 
zens. 

Margaret  Baird  was  but  a  school-girl  at  the  time  of  which 
I  write,  possessed  of  intelligence,  refinement  and  beauty, 
and  the  heart  of  the  young  law  student  was  taken  captive. 
In  spite  of  other  suitors  he  won  this,  the  most  important 
of  the  early  cases  of  his  practice,  and  henceforth  life  held 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  43 

for  him  a  double  duty  and  a  still  further  incentive  to  earnest 
labor;  for  in  these  early  years  of  his  professional  career 
his  life  had  its  privations  and  discomforts  to  be  manfully 
endured,  and  its  temptations  and  trials  to  be  fought  against. 
Oftentimes  away  from  home,  without  home  comforts,  sleep- 
ing sometimes  upon  his  office  bench  at  night  or  enduring- 
other  discomforts  incident  to  his  struggle  upward,  he  entered 
upon  the  study  and  practice  of  the  law  with  no  bright  pros- 
pects of  certain  attainment  in  view,  no  sure  reward  before 
him  in  the  field  of  labor  he  had  chosen. 

To  him  life  appeared  to  be  full  of  duty;  first,  his  chosen 
study,  then  the  branches  of  learning  that  radiate  from  and 
cluster  around  a  thorough  knowledge  of  Law,  general  lit- 
erature, history,  travels,  biography,  were  to  be  read  and 
digested  in  order  to  familiarize  himself  with  the  products 
of  the  great  minds  of  the  ages;  next,  conv^ersation,  bodily 
exercise,  sleep, — all  these  were  important  to  him  as  bear- 
ing upon  his  successful  study  for  professional  life,  when  he 
recognized  the  necessity  for  economy  of  time. 

Below  are  extracts  from  still  another  diary  kept  during 
the  year  1853: 

August  /,  i8^j. — This  morning  I  resume  the  practise  of  Journalizing, 
after  haveing  left  it  off  for  eighteen  months.  I  left  it  off  rather  through 
neglect  than  necessity  and  I  regret  now  that  I  did  so.  Journalizing  is  a 
pleasant  amusement,  and  it  is  at  the  same  time,  very  beneficial.  It 
enables  a  man  to  keep  before  him  a  map  of  all  he  has  done  and  many 
times  he  notes  down  events  that  transpire  each  succeding  day,  that  might 
and  perhaps  will,  be  of  great  benefit  to  him  in  future  life,  though  he  cannot 
at  the  time  see  when  or  how.  The  future  is  a  nn-stery  to  us,  we  know- 
little  about,  and  hence  the  great  necessity  of  availing  ourselves  of  what 
we  do  and  can  learn  from  the  past. 

In  the  forenoon  my  law  reading  included  a  chapt.  in  Story  on  Con- 
tracts, on  the  subject  of  "'Agency."  It  contains  only  a  cursor}-  view  of 
that  very  important  subject.  Haveing  read  a  more  extended  treatise  on 
the  same  subject  heretofore,  it  served  me  well  in  refreshing  my  mind  in 
regard  to  the  most  important  and  leading  features.     I  spent  some  time  in 


44  AUGUSTUS    SUMMERFIELD    MERRIMON. 

reading  light  literature  before  dinner — Moore's  Poems,  Esop's  Fables, 
&c.  I  am  fond  of  Moore's  melancholy  poetry,  and  quite  amused  at 
Esop's  Fables.  Everybody  ought  to  read  them.  I  don't  known  how  I 
have  neglected  this  so  long. 

Aitgiist  2,  /8jj.  —  l  find  that  my  literary  appetite  quickens  evry  day 
and  I  should  not  be  surprised,  that,  though  formerly  I  cared  little  about 
light  reading,  I  make  it  convenient  to  spend  many  hours  in  reading  the 
English  Classics.  This  would  not  be  time  ill  spent  by  any  means, — evry 
man  ought  to  be  well  read,  and  indeed,  if  he  would  be  a  good  speaker,  or 
be  considered  an  intelligent  man,  he  must,  both  read  and  study  what 
is  termed  light  reading,  or  literature.  It  is  matter  of  pleasure,  amuse- 
ment and  advantage  to  one  to  make  himself  fully  acquainted  with  literary 
books. 

Tonight  I  attended  the  Division  of  the  Sons  of  Temperance.  There 
was  quite  a  small  turn  out  tonight.  I  fear  that  the  glorious  cause  of  Tem- 
perance is  not  moveing  on  as  rapidl}-  as  I  could  wish. 

August  J,  /Sjj. — There  is  now  great  excitement  in  regard  to  the  Con- 
gressional election. 

In  a  Repul)lican  Government  like  ours,  of  all  classes  of  men,  dema- 
gouges  are  to  be  feared  the  most,  and  I  do  not  hesitate  to  say,  that  if 
this  happy  country  is  ever  ruined,  as  I  most  sincerel}-  hope  it  never  will 
be,  it  will  be  done  by  the  acts  of  demagouges,  base  slaves  to  political 
asprations  and  preferments.  It  is  to  be  hoped  that  there  will  always  be 
men  enough,  I  mean  good  men,  to  save  the  country  of  the  quicksands  of 
disunion  and  dissension  in  evr\'  crisis.  Evry  patriote  ought  and  does 
deprecate  anything  that  has  a  tendenc}-  to  weaken  the  bonds  that  bind 
this  great  and  glorious  nation  together.  Our  Union  is  our  safety,  our 
safe  guard,  our  all  and  may  the  ruler  of  all  things  ever  preserve  it!  Who 
does  not  love  the  Union?  Where  is  the  man  so  base  as  to  even  wish  to 
see  one  single  tie  that  binds  us  as  one  people  dissevered  ?  If  there  be  such 
a  one  let  him  blush  in  shame  and  die  the  death  of  an  infidel. 

Aug7ist  6,  /tS'jj. — This  evening  I  have  spent  some  time  in  reading. 
Tonight  all  is  lovely,  nothing  is  to  be  heard  save  the  cricket  upon  the  hearth 
and  the  Catadids  among  the  trees.  How  lovely!  how  melancholy!  how 
pleasant  to  him  who  woes  solitude!  Let  the  soul  on  a  night  like  this 
withdraw  herself  from  surrounding  circumstances  and  contemplate  for  a 
few  minutes  herself.  How  high  her  being,  for  what  noble  purposes  created, 
and  to  what  end  destined  !  !  Who  can  estimate  her  worth,  who  can  meas- 
ure her  height?  Not  the  tallest  Ark  Angel  in  Heaven.  She  is  the  vital 
part  of  man,  the  important  part  of  man,  let  him  look  well  to  his  present 
existance  and  prepare  for  an  eternal  one. 

August  S,  /Sjj. — The  fore  part  of  the  day  I  spent  in  reading  Law.  I 
read  the  law  of  Bailment. 


AUGUSTUS    SUMMERFIELD    MERRIMON.  45 

I  have  finished  reading  the  Scottish  Chiefs.  The  book  is  not  written  in 
the  finest  style,  though  well  enough  to  make  it  entertaining  and  it  is  not 
withont  merit.  It  has  a  tendency  to  inspire  patriotism,  heroism,  high- 
mindedness  and  real  honor.  It  cannot  be  expected  by  those  who  are  at 
all  acquainted  with  mankind,  that  we  shall  ever  see  the  equal  of  Sir  Wil- 
liam Wallace,  nevertheless,  let  all  endeavor  to  approach  the  virtues  of  an 
ideal  man  to  a  great  extent,  as  near  as  possible.  It  also  presents  in  a 
strong  light  the  heroism,  manners  and  cnstoms  of  the  Scotts,  they  were  a 
brave  people,  an  honest  people,  a  people  that  I  could  have  loved.  I  fear 
that  the  people  of  that  country  have  greatly  degenerated,  that  they  have 
long  since  forgotten  many  of  the  deeds  of  their  ancestors,  and  that  they 
will  alhvays  be  subject  to  another  power, 

August  13,  /c^jj.— Today  I  have  been  busily  engaged  in  reading  Law 
and  miscellaneous  reading.  I  have  thought  much  also.  The  day  has 
been  very  warm. 

August  //,  /5jj.— The  sun  shines  resplendantly  and  evrything  is  joy- 
ous. I  read  two  or  three  chapters  in  the  Bible  and  a  sermon  then  went 
to  Church. 

Sunday  is  a  day  of  pleasure  indeed.  The  Christian  rest[s]  from  his  labor 
and  repairs  to  the  house  of  God  to  worship;  others  find  it  a  day  of  fun 
and  amusement,  while  others  enjoy  themselves  reading  and  thinking. 

August  ij,  ycS'jj.— Today  I  have  been  closely  engaged  in  reading. 
Read  Law  and  miscellaneous  reading,— finished  S[t]ory  on  Contracts  and 
Roberts  on  Frauds;  both  interesting  works,  and  highly  deserving  evry 
students  close  and  undivided  attention.  I  feel  much  benefitted  by  the 
perusal. 

August  /S,  /8jj. — This  morning  I  commensed  a  review  of  Blackstone, 
secou[d]  Book.  I  find  the  work  more  and  more  interesting  evry  time  I 
read  it,  and  never  fail  to  discover  something  new. — In  all  my  reading  I 
have  not  found  a  work  on  any  subject  so  comprehensive. — All  the  law 
Books  I  have  been  able  to  read  contain  only  an  extended  view  of  the  sub- 
jects Blackstone  has  treated  of  with  a  master's  hand,  and  the  more  you 
read  in  other  books,  the  more  you  are  capable  of  understanding  him  on 
the  same  subject. — The  afternoon  of  today,  I  have  been  engaged  in  read- 
ing Starkie  on  Evidence,  and  other  miscellaneous  reading.  Tonight  is 
gloriously  beautiful.  All  is  wrapped  in  slumber  save  myself.  Evrything 
is  silent  and  nature  looks  so  grand,  not  sublime  for  it  has  none  of  the 
terrible,  but  grand,  majestic,  it  looks  like  the  work  of  a  God.  What  a 
structure  this  world  is!  O  that  I  could  understand  its  origin,  it  as  it  is 
and  its  destiny  ! ! 

August  J/,  /c^jj.— Today  is  the  last  day  of  summer,  and  who  has  not  a 
tear  to  shed  over  the  summer  gone?  Could  it  not  have  been  spent  more 
profitably  than  it  has?     Ask  ourselves  the  question.     Another  half  year 


46  AUGUSTUS    SUMMERFTELD    MERRIMON. 

is  gone  and  with  it  what  mighty  things  have  come  and  gone.^Ten  thou- 
sand glorious  crops  have  come,  and  ten  thousand  more  beautiful  fields  of 
flowers  have  come,  and  millions  of  new  things  have  come, — are  gone  or 
partly  so,  but  more  than  these  are  gone.  Some  of  the  greatest  and  best 
men  of  the  world  are  gone,  mighty  things  are  gone  and  we  shall  see  them 
no  more.  We  too  are  passing  away, — will  soon  have  filled  our  course 
here  and  let  us  do  it  well,  we  can,  we  should.  Let  the  next  six  months 
of  the  passing  year  witness  greater  efforts  on  our  part  to  do  evrything 
that  devolves  upon  us  to  do. 

Thursday,  Sept.  i,  /8jj. — Fall  with  her  leveling  sythe  is  commensed 
her  deadly  work.  Flowers  are  gone  and  the  leaves  are  following  fast  after 
those  beauties  that  are  alread}-  gone.  Nature  is  a  great  book  for  all  to 
learn  from  and  we  should  all  share  what  was  no  doubt  intended  for  our 
common  benefit.  If  man  had  nothing  to  teach  him,  but  the  broad  Uni- 
vers,  he  surel}-  could  not  be  ignorant. — What  lessons  he  might  learn 
from  the  Globe  on  which  we  live!  What  Jessons  from  the  moon  and  stars 
and  sun  ! !  With  these  silent  teachers  man  ought  and  surely  would  be  a 
great  and  intelligent  being.  But  we  have  more  than  this,  we  have  all  the 
learning  of  all  the  ages  that  are  rolled  back  on  the  ocean  of  things  that 
were.  All  that  our  fathers  learned  is  at  our  command.  In  view  of  all 
these  facilities  how  learned  we  might  be,  what  great  knowledge  we  might 
possess, — na}^  how  wise  we  ought  to  be  ! !  How  wide  the  feild  of  thought! 
Where  is  the  limit?  Mind  is  eternal,  its  grasp  is  infinite  and  its  aim 
should  be  to  search  after  those  things  that  have  the  greatest  to  promote 
the  happiness  of  the  same. — How  few  think  of  the  strength,  of  the  intel- 
lectual strength  of  man,  of  what  he  reall}-  is?  How  few  think  of  his 
capabilities,  of  his  destiny!  Few,  indeed  few.  Men  move  on  and  live  as 
though  it  were  a  matter  of  course  that  they  should  live,  little  thinking  of 
their  high  destiny  or  of  that  that  devolves  upon  them  as  a  duty.  Fearful 
idea! — I  hold  that  evry  man  has  a  great  dut}'  to  perform.  We  all  are 
indebted  to  society  alike.  It  is  evr}-  man's  duty  to  do  all  that  he  can  do, 
to  promote  the  greatest  and  best  good  for  all  mankind.  It  is  his  bounden 
duty  and  it  is  his  interest  to  do  it,  but  how  few  believe  it!  How  selfish 
is  man!  How  few  love  the  great  heard  of  the  human  race!  When  we 
look  at  things  in  this  regard  in  their  proper  light  how  melanchoh'  a  state 
of  human  affairs  do  we  behold!  ! 

Thursday,  September  8,  A.  D.  1853. — Today  is  the  birthday  of  my 
wife.  She  is  today  nineteen  years  old,  fresh  and  beautiful  as  ever.  She 
has  a  devoted  heart,  a  constant  heart.  A  Good  lady.  This  evening  I  have 
read  Law. 

Friday,  Sept.  g,  /8jj. — This  morning  is  very  damp  and  unpleasant. 
I  have  commensed  investigating  the  subject  of  Quo  Warranto  today, 
with  a  view  of  commenseing  a  suit  of  that  nature  shortly. — I  find  that  the 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  47 

English  Practice  on  that  portion  of  Law  has  been  quite  loose.      Our  prac- 
tice I  apprehend  is  more  so. 

How  uncomfortable  one  is  rendered  by  a  long  spell  of  wet  damp  weather. 

Wet  weather  however,  is  a  part  of  the  course  and  operations  of  nature, 
and  one  should  be  reconciled  to  all  temporary  inconveniences  and  un- 
pleasantness. I  have  always  found  by  my  own  experience  and  that  of 
others  too,  that  Nature  does  all  things  as  they  should  be,  that  in  the  end, 
evrything  works  together  for  God.  Providence  is  the  best  guide.  Mans 
ken  is  too  short  to  order  the  course  of  nature.  The  wisest  and  greatest  and 
best  men  many  times  fail  to  direct  the  small  ship  of  a  single  state  properly 
and  safely  and  how  could  he  steer  the  vast  ship  of  the  Univers,  with 
all  its  different  departments  through  the  great  Ocean  of  infinity?  The 
task  is  too  great,  the  tour  too  long,  the  ship  too  stupendous  for  a  man  or 
a  set  of  men  to  guide  her.  Then  why  repine  at  the  doings  of  a  being, 
the  only  being  that  can  control  nature!     It  is  folly,— it  is  foolishness! 

20  minutes  after  8  o'clock.— I  have  just  been  reading  from  the  Home 
Journal,  a  literary  paper  of  some  merit  and  not  without  some  reputation. 
I  have  just  finished  reading  an  Article,  or  rather  an  extract  published  in 
it  and  formally  endorsed  by  the  editors,  as  being  very  good,  on  English 
life.  It  is  well  enough  written  and  I  have  no  doubt  is  correct,  if  we  sim- 
ply look  to  one  grade  of  society  in  that  country.  The  objection  to  the 
extract  is,  that  it  represents  the  English  people  all  as  being  a  people  of 
most  polished  manners  and  practiceing  the  most  accomplished  modes  of 
liveing.  As  above  remarked,  this  is  true  if  we  confine  ourselves  to  one 
grade  of  society,  but  if  we  take  the  bulk  of  the  english  people,  I  appre- 
hend quite  a  different  tale  might  be  told.  The  English  people  though,  as 
polished,  as  a  nation  of  people  as  almost  any  other  nation,  nevertheless 
this  high  state  of  refinement  is  not  a  characteristic  of  the  english  nation 
and  the  error  is,  that  the  extract  produces  the  impression  that  itisgiveing  a 
sketch  of  what  is  a  common  characteristic  of  the  English  Nation.  The  peo- 
ple of  a  particular  town  or  village  may  be  very  polished,  but  to  give  a  de- 
scription of  the  people  of  that  town  would  be  very  far  from  giving  a  correct 
description  of  the  manners  and  customs  and  the  general  style  of  a  whole 
people.  One  town,  neither  does  one  class,  make  up  a  nation  of  people, 
but  it  is  evry  body  in  the  nation  taken  collectively  and  when  one  would 
give  the  correct  history  of  the  manners,  customs,  and  styles  of  a  nation 
of  people,  let  him  be  careful  to  have  an  eye  to  the  nation  as  a  mass  and 
not  as  a  part.  Editors  of  Papers  and  Periodicals  should  be  careful  as  to 
the  matter  they  permit  to  go  into  their  papers  &c,  for,  let  them  recollect 
that  newspapers  and  periodicals  have  much  to  do  in  making  up  the  sum 
of  information  of  the  youthful  generation,  much  to  do  in  forming  their 
opinions  and  principles,  both  political  and  moral  and  I  might  add  relig- 
ious.    Alas!  however,  we  have  few  good  Editors!     Notwithstand[ing]  the 


48  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

grand  and  important  position  of  an  Editor,  we  see  scores  of  men  making 
their  dail[y]  bread  off  of  the  public,  in  this  capacity,  when  they  could 
hardly  write  a  business  note  of  the  simples[t]  nature  correctly. 

September  j^,  /<?5j.— Today  is  a  beautiful  day.  I  have  been  engaged 
all  day  in  business  and  reading.  This  is  my  birthday.  I  am  today  twenty 
three  years  old.  One  third  of  a  long  life,  if  I  should  live  a  long  one,  is 
gone,  gone  forever  and  how  much  I  have  to  reflect  upon!  Have  my  days 
been  spent  as  profitably  as  they  ought  to  have  been  ?  Ah,  that's  the  ques- 
tion. I  have  seen  much  and  heard  much  and  learned  something.  I  hope 
I  have  done  many  virtuous  and  beneficial  acts,  at  the  same  time  I  fear 
that  I  have  done  many  things  I  ought  not  to  have  done.  I  have  the  pleas- 
ant reflection  however,  that  I  have  endeavored  to  do  no  one  harm  and 
that  I  have  never  done  an  act  that  if  it  was  necessary,  I  would  be  afraid 
for  the  world  to  know.  This  is  a  consolation,  a  great  consolation,  a  proud 
consolation!  The  importan[t]  part  of  life,  in  the  preperation  to  act,  is 
almost  past.  In  youth  we  ought  to  prepare  to  act  in  manhood  we  ought 
to  act,  act  for  the  good  of  ourselves  and  the  good  of  our  fellow  man.  If 
I  should  live  twenty  three  years  longer,  I  hope  to  improve  them  more 
profitably  and  substantially.     May  I  do  so! 

Monday,  September  26,  /c?5j.  — [After  reference  to  occupations  of  the 
day.]  Tonight  is  pleasant.— nothing  disturbs  quietude,  while  nature 
assumes  her  nightly  mantel.  A  few  thin  clouds  float  lightly  through  the 
almospher  and  ten  thousand  little  stars  seem  to  sing  sweetly  together. 
What  is  there  to  make  man  unhappy  here? — nothing,  save  that  restless 
disposition  to  move  on,  onward  forever!  Man  is  not  a  stationary  being; 
he  stops  at  no  certain  point.  One  degree  attained  he  desires  another  and 
when  the  soul  has  reach[ed]  the  perfection  of  an  angel,  the  probability  is, 
onward,  onward;  will  be  the  watchword.  Mans  mind,  in  its  thoughts,  is 
infinite, — time  and  space  cannot  contain  its  wanderings.  It  reaches  to  the 
highest  Heaven  and  goes  down  beneath  the  lower  Hell.  How  great  is 
man!  how  great  and  O,  how  weak!  Mind  is  infinite  and  yet  man  cannot 
comprehend  a  blade  of  grass.  What  weakness  and  strength  combined! 
Who  can  understand  all  of  man? 

Tuesday,  September  2j,  A.  D.  1833. — I  neglected  to  note  down  that  I 
read  a  very  interesting  Chapt.  in  Blair's  Lectures  on  Rhetoric,  last  night 
after  I  had  finished  writing  for  the  day.  It  was  a  criticism  on  the  st3'le  of 
Dean  Swift.  Dr.  Blair  is  very  complimentary  to  the  Dean,  nevertheless 
he  discovers  man}'  errors  in  his  composition.  He  anah^zes  closel}'  and  dis- 
covers hundreds  of  inaccuracies  that  even  a  close  thinker,  and  observer 
would  not  notice.  The  aim  of  Mr.  Blair  seems  to  be  to  infuse  into  young 
writers  the  spirit  of  care  in  regard  to  composition,  to  be  careful  to  use 
proper  words  and  to  use  them  in  proper  places  and  in  a  proper  manner. 
I  admire  his  manner  of  critisism  and  while  he  does  ample  justise  to  the 


AUGUSTUS    SUMMERFIELD    MERRIMON.  49 

author  whose  writings  he  is  reviewing,  he  points  out  to  his  readers  many 
errors  in  the  best  authors  that  may  be  avoided.  This  is  well,  and  evry 
one  should  read  and  study  his  Lectures  on  Rhetoric. 

Thursday,  Sept.  2g,  /Sjj. — Today  I  found  a  man,  (who  became  my 
client,)  anxious  to  become  litigant,  and  yet  he  feared  to  even  have  a  writ 
issued.  The  thought  of  cost  frightened  him,  and  yet  he  was  over  anxious 
to  see  revenge  in  a  court  of  Justice.  I  remarked  to  him  that,  he  who 
would  litigate  his  claims  should  have  no  fears  as  to  cost;  for  he  that  would 
litigate  nmst  pay  for  it. 

Friday,  Sept.  jo,  iSjj. — This  is  the  last  day  of  the  first  month  of  the 
fall  season  of  the  year.  One  twelfth  of  a  year  has  passed  of  so  soon,  how 
little  has  been  accomplished,  when  we  consider  how  much  ought  to  have 
been  done?     Few,  very  few,  have  done  their  duty! 

I  rode  this  evening,  have  not  felt  pleasautl}^  to  day.  Have  had  many 
unpleasant  thoughts  about  the  past.  It  is  all  gone  forever,  my  circum- 
stances and  opportunities  have  been  bad  and  I  now  see  clearly  that  I 
might  have  spent  my  time  more  profitably  than  I  did.  But  'tis  vain  to 
mourn  the  past.  Why  is  it;  it  is  gone,  let  us  improve  the  future  and  the 
present.  Let  us  think  of  the  present  and  act  with  an  eye  to  the  future. 
We  all  see  at  too  late  a  day  our  errors;  and  when  the  day  comes  for  us  to 
find  them  out,  it  is  not  well  that  we  should  too  much  regret  that  we  acted 
improperly.  It  is  better  that  we  should  learn  from  the  past  to  improve 
the  present  and  the  future.  It  is  well  too  that  we  look  at  the  conduct  of 
others.  We  may  learn  to  avoid  many  errors,  if  we  will  closely  watch  the 
conduct  of  our  fellows,  and  mau}^  times,  we  may  find  virtues  to  imitate, 
even  among  the  most  ignorant  and  unrefined.    I  read  tonight  Rhetoric  &c. 

Saturday,  Oct.  /,  /8jj. — This  morning  about  nine  o'clock,  I  attended 
and  saw  one  of  the  best  friends  I  ever  had  die. 

He  is  called  hence  b3'  a  high  power  and  we  ought  to  submit.  Why  do 
men  mourn  when  death  comes  and  a  friend  is  called  to  the  land  of  spirits? 
It  does  no  good,  none, — it  rather  does  harm.  It  affects  the  mind,  some- 
times seriousl}'  and  greatly  fatigues  the  physical  system.  There  are  occa- 
sions when  I  think  men  ought  to  weep  and  lament;  but  not  when  the 
Maker  of  all  things  comes  in  his  wnsdom  and  justice  to  claim  what  is  his 
own . 

Saturday,  Oct.  8,  A.  D.  i8_5j. — Last  Sunday  evening  I  left  home  for 
Court  in  Henderson  County — Rode  to  my  father's  Sunday  evening,  a  dis- 
tance of  14  miles.  Had  a  pleasant  ride,  found  my  father  and  family  well. 
As  I  approached  the  home  of  my  early  youth,  I  felt  sorrowfnl,  sorrowful 
indeed.  I  though [t]  that  I  would  meet  glad  and  merry  faces,  but  I  knew 
I  would  not  meet  one  fond,  and  mj^  best  friend.  No,  no,  my  Mother,  O, 
my  Mother  had  3'ears  ago  gone  to  the  silent  house  of  death.     My  thoughts 


50  AUGUSTUS    SUMMERFIELD    MERRIMON. 

were  solem  and  mournful. — I  recollect,  distinctly  that  I  never  left  home 
in  my  Mother's  life  time  and  returned  without  being  greeted  by  her  first 
on  my  return. — But  my  dear  Mother  greets  me  no  more,  no,  no,  she  is 
gone  to  the  Spirit  land. — I  visited  the  spot  where  she  lies  mouldering  to 
dust.  It  was  after  dusk,  when  I  approached  the  sacred  spot  and  O,  how 
solemn  it  was.  No  sound  disturbed  the  stillness,  the  stars  looked  down 
in  sacred  silence  and  all  nature  seemed  to  chime  in  with  my  solemn  feel- 
ings. I  loved  m}^  Mother  dearly  and  now  cherish  her  memory  with  a 
sacred  pleasure.  She  moulded  my  character  in  a  great  degree.  She  was 
a  woman  of  most  excellent  mind,  and  a  purer  being  never  lived.  She 
strove  to  do  her  whole  duty  and  she  accomplished  it,  if  ever  mortal  did. 
She  was  a  noble  woman,  loved  and  esteemed  by  all  who  knew  her. 

I  found  my  little  brothers  and  sisters  all  well  and  jovial.  Thev  were 
glad  to  see  me  and  I  felt  that  I  was  at  "  My  Father's  Home  once  more." 

Monday  morning  I  reached  the  Court  about  lo  o'clock,  found  a  large 
collection  of  people.  At  ii  o'clock  the  Court  House  bell  rang  and  on 
entering  the  Court  room  I  found  many  intelligen[t]  members  of  the  Bar, 

and  on  the  Bench  the  Hon.  Judge .     Judge is  a  tall  man,  rather 

slender  and  at  present  quite  lean.  — His  looks  indicate  that  he  is  about  the 
age  of  65  years.  His  face  is  very  much  wrinkled  and  one  would  infer 
that  the  old  Judge  has  indulged  too  freely  the  sparkling  bowl. 

In  a  few  moments  Court  was  opened.  The  Grand  Jury  called  and  the 
Judge  then  proceeded  to  charge  the  same. — His  charge  was  ver^^  short 
and  it  seemed  a  hard  task  for  him  to  perform.  Brevity  seems  to  be  a 
characteristic  of  the  old  man  any  how,  for  I  noticed  that  everything  was 
done  in  the  shortest  order. — The  State  side  of  the  Docket  was  taken  up 
first.  No  cases  of  importance. — Most  of  the  cases  were  Assaults  & 
Batteries,  brought  about  b\'  whisky  drinking.  —  It  required  the  time  of 
the  Court  until  Wednesday  12  o'clock. — I  appeared  in  one  State  Case. 
My  clients  were  charged  with  the  offense  of  Mallicious  Mischief.  We 
expected  the  State  to  make  out  a  strong  case,  and  hence  the  counsel 
emplo3'ed  with  me  and  myself  prepared  the  case  well.  We  anticipated 
that  we  would  make  one  or  two  points  of  law  and  we  went  into  Court 
fully  prepared.  When  the  case  was  brought  before  the  court  and  the 
witnesses  examined,  we  found  quite  to  our  surprise  that  the  State  had  not 
made  out  the  case  at  all. — The  Judge  seeing  our  books,  I  suppose  sus- 
pected that  we  would  make  two  long  and  we[a]risome  legal  speeches  and 
to  comply  with  his  rule  of  brevit}-,  he  said  as  I  rose  up  to  open  the  Argu- 
ment for  the  defense,  "  Gentlemen  there  can  be  but  one  point  in  this  case 
and  that  is,  was  there  mallice  to  the  owner  of  the  property."  "You  will 
therefore,  confine  your  remarks  to  that  point.  "  —  I  therefore  cut  my 
remarks  short  and  detained  the  court  only  a  few  minutes  in  regard  to  the 
facts.     The  Court  remarked  to  the  Solicitor  that  the  State  had  failed  to 


AUGUSTUS    SUMMERFIELD    MERRIMON.  51 

make  out  a  case,  but  the  Solicitor  insisted  upon  a  verdict.  We  succeeded 
in  having  our  three  clients  acquitted.  There  was  little  business  of  impor- 
tance done  during  the  week. 

I  regret  that  the  rules  of  order  and  decorum  in  our  courts  are  not  bet- 
ter. — Lawyers  do  not  act  as  become  the  high  station  they  occupy,  neither 

does  the  Judge.  — I  saw  Judge  call  a  Lawyer  from  the  Bar  and  ask 

him  for  a  chew  of  tobacco,  and  I  have  frequently,  during  the  week,  seen 
the  Judge  sit  with  his  feet  upon  the  front  of  the  Judge's  stand.  This 
strikes  me,  as  unbecoming  the  dignity  and  station  of  a  Judge. — This  want 
of  proper  respect  to  the  station  they  occupy,  is  not  on  account  of  au}' 
want  of  intelligence  on  the  part  of  the  Judge  and  Lawyers;  for  as  a  body 
of  men  they  are  quite  talented,  and  many  of  them  are  accomplished  gen- 
tlemen. They  have  however,  suffered  themselves  to  fall  into  this  loose 
way  of  doing  by  inattention.  Nothing  of  importance  occurred  during  the 
week.  — One  old  man,  who  got  very  drunk  attempted  to  go  up  the  steps  at 
the  court-house  and  fell  off,  hurting  himself  thereby,  seriously  as  he 
thought  when  he  got  sober.  ^  *  O  WTetched  fruits  of  whisky  drink- 
ing!    ■»     *     I  reached  home  yesterda}'  evening. 

Wednesday,  October  12,  1833. — Court  opened  this  morning  at  10  o'clock. 
A  small  case  was  taken  up  first  and  has  occupied  the  time  of  the  Court  all 
day. — It  ought  to  have  been  disposed  of  in  half  the  time.  *  *  Lawyers 
ought  to  learn  to  do  business  fast  and  to  arrive  at  what  is  just  between 
man  and  man.  I  do  not  think  that  it  is  the  duty  of  a  lawyer  to  assist  a 
scoundrel  in  carrying  out  some  scheme  to  defraud  his  neighbor.  It  can- 
not and  is  not  his  business. — It  is  his  whole  duty  to  see  that  the  real  inter- 
ests of  his  client  are  looked  after,  and  by  this  I  mean  his  just  rights. 

Thursday,  October  13,  18^3.— 1  read  tonight  Fletchers  Studies  on 
Slavery. — I  read  the  same  last  night. — I  find  it  unusually  mteresting.  It 
takes  a  practical  view  of  the  subject  and  at  the  same  time  a  philosophical 
one.  It  goes  back  to  the  beginning,  considers  it  in  the  abstract  and 
exposes  the  fallacy,  and  groundless  objections,  philosophers  and  fanatics 
have  raised  against  the  Institution  of  Slavery  ever  since  the  same  has 
been  an  institution,  and  the  work  shows  clearly  that  slavery  was  in  exist- 
ance  at  the  earliest  times  of  which  we  have  any  account.  If  Abolitionists 
in  this  country  would  read  the  work  with  an  unbiased  mind  and  free  from 
prejudice  it  would  serve  to  dispel  many  illusions  from  their  minds,  and  in 
the  end  redound  to  the  welfare  of  this  whole  country.  I  hope  such  a  day 
will  come. 

Saturday,  October  15,  1853. — This  evening  the  Agricultural  fair  came 
off  for  the  County  of  Buncombe.  It  is  the  first  occasion  of  the  sort  for 
this  county,  and  this  is  no  compliment  to  the  intelligence,  industry  and 
pride  of  the  county.     Many  things  were  shown  and  most  of  the  animals 


52  AUGUSTUS    SUMMERFIELD    MERRIMON. 

and  articles  exhibited  were  creditable  to  the  owners.  An  Agricultural 
Essay  w^as  read  to  the  Societ}'. 

I  hope  this  day's  work  has  given  an  impulse  to  the  agricultural  interests 
of  this  county,  which  are  by  far  its  greatest  interests,  that  will  be  felt  for 
years  to  come,  and  that  those  who  to  day  witnessed  the  first  Buncombe 
Fair  may  live  to  see  many  more. 

Friday,  October  21,  i8^j. — I  have  been  attending  Madison  Court.  I 
had  a  pleasant  ride  down  the  romantic  French  Broad  River  on  Sunday 
evening  last.  The  River  winds  its  wa}'  in  a  northerly  direction  from  Ashe- 
ville,  through  a  gorge  extending  through  a  solid  bed  of  mountains  between 
sixty  and  seventy  miles  broad.  On  either  side  of  the  River  stupendous 
mountains  rise  up  while  ten  thousand  massive  cliffs  project  out  towards 
the  river.  The  whole  bed  of  the  River  forms  a  shoal  nearly  the  whole  dis- 
tance of  sixty  miles.  I  don't  know  of  a  more  romantic  and  interesting 
peice  of  road  than  that  lying  immediately  on  the  bank  of  the  French 
Broad  for  the  distance  of  sixty  miles.  — I  reached  Jewell  Hill,  the  place 
where  the  court  was  held,  on  Monday  morning.  The  house  in  which  the 
court  was  held,  is  a  miserable  one,  very  open,  with  no  seats,  but  two  or 
three  very  indifferent  ones,  and  the  majority  of  the  people  that  attend  the 
court,  are  worse  than  the  house.  Men  and  women  attend  the  court  and 
drink  and  quarrel  and  fight  and  get  drunk.  — It  is  due  that  I  say  there  are 
some  clever  genteel  people  in  the  count}',  but  the  masses  are  little  better 
than  heathens.  It  is  much  to  be  regretted  that  we  have  such  society  in  a 
country  like  this.  It  should  not  be  and  I  hope  the  da}-  is  not  far  distant 
when  the  people  will  come  to  a  proper  knowledge  of  themselves.  Little 
business  was  done  in  court,  more  was  done  however,  than  ought  to  have 
been  done.  To  attempt  to  hold  a  court  of  justice  in  such  a  house  as  the 
one  at  Jewell  Hill  is  a  mere  mockery  of  Justice. 

Tuesday,  October  ^5,  i8^j. — On  Saturda}'  last,  there  was  a  considerable 
collection  of  people  in  the  village,  attending  the  muster  that  took  place 
on  that  day. — I  believe  a  pretence  was  made  to  muster,  barely  a  pretence. 
It  is  a  serious  fact  that  our  Malitia  S3'stem  is  worse  than  none. — We  have 
poor  Malitia  Laws  and  they  are  as  poorly  executed. — This  ought  not  to  be 
so.  It  is  very  important  that  all  able  to  bear  arms  should  know  how  to 
do  so  in  times  of  emergency.  Our  citizens  will  never  learn  under  our 
laws. 

Tuesday,  November  2,  1853. — An  honest  citizen  who  had  a  difficulty 
some  time  since  came  up  to  me  on  the  street  and  with  a  greatful  heart 
offered  to  pay  me  a  dollar  for  "my  very  best  advice,"  as  he  termed  it,  in 
regard  to  the  settlement  of  his  unpleasant  family  difference. — I  had 
advised  him  to  compromise  with  his  wife  and  not  suffer  his  case  to  come 
before  a  court  of  justice.  He  did  so,  and  it  was  with  an  air  of  gladness 
and  gratitude  he  hailed  me  the  settler  of  the  unpleasant  difficulty. — I  could 


AUGUSTUS    SUMMERFIELD    MERRIMON.  53 

not  refuse  to  take  the  poor  fellow's  dollar,  though,  I  did  not  take  it  as 
a  fee.     May  he  and  his  wife  live  a  long  and  happy  life  after  this. 

IVednesday,  November  j,  /^5J. — I  have  just  finished  reading  Mrs. 
Stow's  work  on  Slavery. — Title,  "Uncle  Tom's  Cabin. — This  work  has 
been  published  some  time,  but  I  have  never  read  it  until  the  last  two  days. — 
It  has  created  a  great  noise  in  this  country  and  in  England,  and  why  this 
is  so,  I  am  at  a  loss  to  understand. — It  is  well  composed,  but  thousands  of 
books  have  been  written  equally  as  well,  and  not  one  half  the  noise  made. — 
It  is  tragical,  but  not  more  so  than  many  others.  It  proves  nothing  that  the 
author  hoped  to  prove.  If  we  were  to  admit  all  that  she  says,  as  true,  it 
would  onh'  prove  that  Slavery  as  an  institution  has  been  and  is  abused. 
This  does  not  affect  the  Institution  as  such.  Thousands  of  scoundrels  use 
the  Christian  Church  as  a  cloak  to  cover  their  foul  deeds,  but  does  this 
prove  that  the  Church  is  an  evil  or  corrupt  ?  Surely  not.  And  because 
some  men  abuse  their  slaves  in  the  most  cruel  manner  it  does  not  prove 
that  Slavery,  as  an  Institution  is  an  evil.  Slavery  in  this  country  is  here, 
and  to  abolish  it,  would  be  very  dangerous  to  the  government  and  institu- 
tions of  our  couutr}',  and  Mrs.  Stowe  will  have  to  do  something  more 
than  show  the  abuses  of  Slavery,  before  she  will  succeed  is  accomplishing 
her  wishes  here. 

Slavery  has  certainly  existed  from  the  earliest  times  down  to  the  pres- 
ent, and  it  would  seem  that  it  is,  in  one  sense,  of  divine  appointment, 
this  is  clear  from  the  Scriptures,  but  whether  there  can  be  slavery  upon 
philosophical  principles  is  another  question  and  one  upon  which  my 
opinions  are  not  well  settled,  I  incline  to  the  opinion  that  it  can. — I  am 
now  examining  the  subject  to  satisfy  myself. — I  am  thoroughly  convinced 
that  Slavery  in  this  country  cannot  be  abolished  without  greatly  endanger- 
ing our  country,  and  indeed,  whether  it  can  be  at  all.  If  it  is  an  evil  in  the 
abstract,  it  would  be  a  greater  evil  to  abolish  it  here,  and  therefore,  I 
deprecate  any  movement  to  do  it.  Those  fanatics  in  the  North,  inste[a]d 
of  helping  the  evil,  as  they  term  it,  are  only  making  it  worse  and  the 
sooner  they  cease  their  noise  the  better. — They  can  never  accomplish 
their  wishes,  and  I  should  greatly  regret  it,  if  they  could. 

Tuesday,  November  9,  iS^^. —  *  *  *  It  was  my  intention  to  attend 
the  Sons  of  Temperance  tonight,  but  my  indisposition  has  prevented  me 
from  doing  so.  I  dislike  exceedingly  to  be  deprived  the  pleasure  of 
attending  the  meetings  of  this  noble  order.  Evry  sober  man  at  this  day 
should  be  a  son  of  Temperance.  His  influence  ought  to  be  thrown  into 
the  scale  of  reform.  It  will  do  the  temperance  man  good  as  well  as  the 
whiskj^  drinker,  in  that,  that  pest  of  society  is  in  some  degree  done  away 
with,  in  evry  individual  reform.  No  man  can  live  for  himself  alone  in 
this  age.  Evry  one  is  affected  more  or  less  by  the  toper  that  lives  in  the 
town  or  neighborhood.     How  important  then  that  sober  men  use  all  the 


54  AUGUSTUS    SUMMERFIELD    MERRIMON. 

weight  of  their  influence  in  behalf  of  the  reform  of  the  inebriate !  He 
not  only  improves  society,  but  many  times  he  applies  healing  balm  to  a 
breaking  heart  and  sends  clothes  and  bread  to  naked  and  starving  children. 
It  is  the  duty  evry  one  owes  society  to  do  all  the  good  he  can  for  the 
same.  Selfish  indeed,  is  that  man  who  mocks  at  degradation  and  secretly 
and  silently  prides  himself  upon  the  superiority  he  possess[es]  over  his 
fellow.  Such  a  one,  is  at  least,  no  philanthropist.  Evry  man  should 
and  is  bound  to  do  all  he  can,  consistently  with  his  own  preservation  and 
that  of  his  family,  for  mankind  at  large,  upon  the  principal,  if  no  other, 
that  it  is  laudable  in  the  eyes  of  the  world  and  therefore  adds  to  his  own 
individual  happiness.  I  would  that  all  men  loved  their  fellow  as  they 
should. 

Thursday,  November  lo,  /^jj.— The  fore-part  of  the  day  I  spent  in 
reading  Chitty's  Pleadings. — Read  the  first  chapt.  and  several  sections  in 
the  2d. — This  is  a  great  work  on  Parties  to  Actions,  the  different  kinds  of 
actions  and  the  Pleadings  in  the  same. — I  intend  giveing  the  work  a  thor- 
ough Revisal  this  time.  It  includes  evry  thing  almost,  connected  with 
the  practice. — This  evening  I  have  read  Starkie  on  Evidence  and  Fletcher's 
Studies  on  Slavery. 

Simday,  November  /j,  /^jj.— I  have  just  finished  a  perusal  of  Fletcher's 
Studies  on  Slaver3^  *  *  It  is  an  able  work  and  one  characterized  by 
great  learning, — I  have  seldom  seen  so  able  a  work. — His  style  is  plain 
and  neat  and  forcible.  It  abounds  frequently  with  the  most  cutting  sar- 
casm. If  we  had  more  works  like  this,  and  these  generally  read  it  would 
be  better  for  our  country.  Mr.  Fletcher  writes  with  great  composure  and' 
does  not  suflfer  his  mind  to  be  carried  off  from  a  calm  and  just  view  of  his 
subject. 

Tuesday,  November  i^,  /Sjj. — I  rose  very  early  this  morning  and  rode 
into  the  country  to  my  Father's. — Had  a  cool  ride  in  the  early  part  of  the 
morning. — Reached  there  at  ^  past  lo  o'clock. — Found  my  Father's  family 
all  well.— Our  dear  one  was  absent, — My  Mother, — She  is  gone.  Evry- 
thing  seemed  desolate  in  her  absence.  Ten  thousand  sad  memories  sprang 
up  in  my  mind,  as  place  after  place  familiar  to  me  came  before  my  view. 
All  was  there  save  one  fond  object. — Spent  two  or  three  hours  with  my 
father  and  his  family,  then  turned  my  face  towards  home. — It  was  night 
before  I  reached  home.  About  dusk  the  beautiful  moon  rose  in  all  her 
splendor.  And  how  fine  a  time  I  had  for  silent  reflection,  as  I  rode  over 
the  good  plank  Road,  all  around  was  silent  save  the  constant  clatter  of  my 
horses  feet.  I  thought  of  the  past  and  hoped  for  the  future.— When  I 
came  in  sight  of  the  village  it  looked  silent  and  the  soft  light  of  the  moon 
seemed  to  look  down  on  a  village  wrapped  in  slumber  and  I  thought  how 
busy  are  the  people,  all  still  pushing  and  toiling  ahead  careless  of  the  soft 
moonlight  or  the  silent  workings  of  nature  all  around  them. 


AUGUSTUS    SUMMERFIELD    MERRIMON.  55 

IVednesday,  Novei)iber  i6,  /Sjj. — I  have  spent  the  most  of  the  day  in 
business  and  conversation.  This  evening  I  have  read  the  news. — Tonight 
I  read  the  Life  of  Marion.  I  am  fond  of  reading  the  lives  of  our  dis- 
tinguished Heroes  and  Statesmen.  Evry  one  ought  to  be  familiar  with 
the  history  of  his  own  country,  if  no  more,  and  the  Biographies  of  mens 
lives,  worn  out  in  the  service  of  their  country  contain  much  that  is  valu- 
able as  histor}',  not  only  of  the  man,  but  also  of  the  country. — American 
History  has  been  greatly  neglected.  It  is  a  fact,  that  there  is  not  extant 
a  good  history  of  this  country.  There  are  many  portions  of  the  country 
of  which  the  histor}-  has  been  written,  but  there  is  no  good  general  history. 
There  ought  to  be  and  some  one  capable  of  chronicleing  the  events  that  have 
transpired  in  this  countr}-  might  win  an  undying  fame  in  doing  so. 

I  hope  some  one  of  the  present  generation  will  accomplish  so  great  a 
work.  One  must  consult  man}-  authors  to  get  a  superficial  knowledge  of 
this  country. 

Thursday,  November  ij,  iS^j. — This  morning  I  read  Law, — Chitty's 
Pleadings,  a  most  useful  book  and  evry  lawyer  should  be  familiar  with  it. — 
This  evening  I  have  made  a  purchase  of  a  lot  of  Books,  Literary  books 
principalh'. — It  would  have  been  better,  in  view  of  my  circumstances,  to 
have  deferred  the  purchase  of  the  books,  but  for  the  reason  that  I  got 
them  cheaper  than  I  could  buy  them  at  a  regular  book  store. — They  con- 
tain a  vast  deal  of  information  and  I  hope  to  be  able  to  improve  my  stock 
of  information  greatly  by  a  perusal  of  them. 

Sunday,  November  20,  /Sjj. — Today  has  been  fine.  Read  the  Bible, 
sermons  and  finished  the  life  of  Marion.  It  is  hard  to  do  the  character 
of  this  amiable  man  justice.  His  services  were  peculiar  and  of  the 
weightiest  importance. 

He  was  one  of  nature's  noblemen,  did  great  service  for  his  country, 
received  no  pay  and  history  has  never  done  him  justice. ^The  people  of 
this  country  have  failed  to  do  justice  to  his  memory.  *  ^  He  is  surely 
entitled  to  everlasting  remembrance  by  the  American  people  and  [they  ?] 
may  cherish  his  memory  with  patriotic  fondness. — It  ought  to  be  the  aim 
of  evr}-  American  historian  to  present  the  public  with  the  true  character 
of  such  men.  It  would  infuse  a  feeling  of  reverence  for  our  ancestors  and 
a  spirit  of  patriotic  affection  time  and  circumstances  could  not  obliterate. 

Tuesday,  November  22,  i8^j. — I  commensed  the  labor  of  the  day  by 
reading  an  hour  or  two  this  morning.  I  read  law — the  law  of  evidence. 
After  this  I  read  papers — then  finished  a  little  history  of  the  Battles  of 
the  IValdenses  by  the  Rev.  J.  T.  Headly. 

His  "Napoleon  and  his  Marshalls  "  is  certainly  unrivalled  for  the  pic- 
turesque, the  wild  and  fanciful  that  characterizes  every  page.  I  read  it 
with  pleasure,  because  I  sympathise  with  the  unfortunate  Napoleon. 


56  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

This  evening  I  have  been  reading  law  and  takeing  notes  on  the  same — 
Read  Chitty's  Pleadings.     I  think  the  practice  of  takeing  notes  beneficial. 

I  find  Scott's  Novels  interesting  and  wish  I  had  more  time,  leasure 
time  to  devote  to  reading  them.  They  are  written  in  fine  style  and  evr}' 
page  has  more  or  less  of  something  of  thought  that  is  valuable  to  the  man  of 
general  information.  I  have  also  read  two  chapts.  in  Blairs  Rhetoric.  I 
find  this  very  interesting  and  evry  one  who  has  any  fondness  for  literary 
improvement  ought  to  read  it.  It  is  full  of  the  most  solid  information 
and  contains  many  valuable  suggestions  and  directions  to  the  student. 

Thursday,  November  ^/,  iS^^. — I  commensed  the  business  of  to  day 
by  reading  law^ — read  two  or  three  hours  this  morning,  went  to  the  Vil- 
lage, conversed,  attended  to  some  business  in  my  office,  returned  home, 
then  went  to  church,  this  being  thanksgiving  day  and  heard  some  very 

good  remarks  made  by  the  Rev.  Mr.  .     He  is  not  a  good  speaker 

but  a  sensible  man  and  he  preached  a  very  patriotic  sermon.  He  seems 
to  have  a  heart  and  soul  large  enough  to  enfold  our  great,  glorious  and 
prosperous  Republic.  Long  may  our  land,  Columbia's  soil  be  the  land  of 
freedom  and  may  the  glorious  Stars  &  Stripes  forever  float  proudly  at 
home  and  abroad!  Who  does  not  love  his  countr}^  his  whole  countr}-? — 
Since  dinner  I  have  been  engaged  in  reading  Chitty  and  takeing  notes  on 
the  same.  This  evening  I  have  continued  my  perusal  of  Starkie  on  Evi- 
dence— it  continues  to  increase  in  interest. 

Sunday,  November  2j^  i^53- — This  morning  I  read  several  chapts.  in 
the  Bible — The  History  of  the  Life  and  death  of  Christ.  This  I  found 
interesting.  Truly  he  was  a  man,  a  God  of  sorrows,  while  he  sojourned 
upon  the  earth.  "He  had  not  where  to  lay  his  head."  I  read  several 
chapts.  in  the  book  of  Job.  This  is  poetical.  The  writers  of  the  Bible 
are  emphatically  the  most  forcible  and  many  of  them  the  most  beautiful 
in  the  world.  If  the  Phrophets  were  not  inspired,  the}'  were  men  of  great 
learning  and  deep  research,  not  in  lore  that  existed  before  them,  but  in 
nature  itself.  I  would  I  could  understand  the  scriptures  and  that  I  were 
free  from  an  aching  doubt.  Is  it  possible  for  a  man  to  die  and  be  saved 
after  the  system  of  Christianity,  doubting  ?     And  who  can  understand  and 

comprehend  so  well  as  to  free  his  mind  from  all  doubt?     "help  thou 

mine  unbelief." 

I  have  read  a  portion  of  a  sermon  on  the  Judgment  by  the  Rev.  Dr. 
Bascom.  He  preaches  with  his  usual  force  of  style  on  this  subject,  but 
seems  unable  to  grasp  the  magnitude  of  the  same. 

Tuesday,  November  2g,  /Sjj. — Tonight  I  attended  the  Division  of  the 
Sons  of  Temperance  for  the  first  time  in  some  weeks  or  months.  I  was 
pleased  with  the  meeting.  This  body  of  men  has  done  great  good  towards 
stemming  the  dreadful  current  of  intemperance  that  has  inundated  our 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  57 

whole  happy  land  for  years.     They  will  continue  to  do  good  and  thousands 
have  and  will  rejoice  that  the  order  of  the  sons  exists. 

Wednesday,  November  ^o,  /^Jj. — Today  I  have  been  principally  engaged 
in  niakeing  arrangements  to  go  to  Cherokee  Court. — It  is  one  hundred  and 
t\vent\-  miles  from  here  to  ]\Iurphy  in  Cherokee  County,  a  long  distance 
to  go  to  a  court.  I  must  go  however,  he  that  would  make  money  at  the 
practice  of  the  Law  in  this  portion  of  North  Carolina,  must  attend  several 
courts,  get  many  cases,  for  cases  do  not  pay  well.  The  country  is  too  poor 
to  pay  well.  Hence  arises  the  necessit)'.  I  will  go  to  Cherokee  and  enlarge 
my  circuit,  I  will  read  on  my  circuit  at  night  and  leasure  hours,  and  in  this 
way  endeavor  as  well  as  I  can  to  make  up  for  the  time  that  I  ought  to  be 
in  my  office.  Hard  indeed  is  the  life  of  a  laborious  lawyer! — and  no  one 
can   become  a  profound  lawyer  without  great,  unceasing  labor. 


8 


HIS  PROFESSIONAL  CAREER  AND  ITS 
ATTENDANT  CIRCUMSTANCES. 


That  self-reliance  is  engendered  by  the  very  need  of  it 
is  illustrated  in  the  character  of  some  of  the  world's  ereat 
men  who,  from  boyhood,  had  to  battle  for  themselves 
against  opposition,  difficulties  and  dangers  in  myriads  of 
forms.  It  would  seem  that  opposition  but  brought  to  the 
front  the  strength  of  character  in  those  determined  to  suc- 
ceed; that  it  whetted  the  appetite  for  success  and  gave 
courage  a  new  impetus  to  overcome  all  obstacles.  Alas! 
such  is  not  the  case  always,  but  it  seems  to  have  been  true 
of  him  of  whom  I  write. 

Having  obtained  county  and  Superior  Court  license,  my 
father  was  fairly  launched  upon  the  great  sea  of  legal  prac- 
tice with  youth  and  inexperience,  but  with  courage  and 
determination.  He  soon  attained  the  reoutation  of  beinof 
a  good  collector  of  claims,  and  from  the  complimentary 
passages  in  letters  received  at  that  time  he  seems  early  to 
have  won  the  confidence  and  esteem  of  his  clients.  His 
characteristics  as  a  collector  were  promptness,  fidelity,  good 
judgment  and  perseverance,  and  another  characteristic 
which  was  appreciated  by  some  of  his  clients  was  the  mod- 
erateness of  the  fees  charged  them.  He  was  made  County 
Attorney  for  Buncombe  and  other  counties  in  that  district, 
and  his  friends  seemed  confident  as  to  his  future  success, 
desiring  him  to  seek  a  broader  field  of  labor  in  a  larger 
city  and  even  to  aspire  to  position  in  the  halls  of  the  law- 
makers at  Washington.  It  must  have  been  gratifying  to 
the  young  practitioner  to  receive  such  words  as  the  follow- 
ing from  men  in  authority: 


AUGUSTUS    SUMMERFIELD    MERRIMON.  59 

"I  have  every  confidence  that  I  shall  find  you  enjoying  a  large  share 
of  public  confidence  and  favor— the  reward  of  your  industry  and  learn- 
ing."—///^iT^  ^rt?/^«^/ /•  Person,  1834. 

And  the  following  encouraging  words  in  reference  to 
the  politics  of  the  day  may  have  strengthened  his  resolu- 
tions for  future  usefulness: 

"You  have  the  talents  and  energy  to  build  up  a  character  for  yourself. 
It  was  never  intended  that  you  should  be  a  mere  copyist  of  others  or  fol- 
low in  the  footsteps  of  more  presumptuous  men.  Set  up  for  yourself, 
making,  however,  virtue,  usefulness  and  patriotism  the  governing  princi- 
ples. This  is  not  the  road  to  success  these  days  wdieu  servile  devotion  to 
party  is  exacted  and  little  men  and  contracted  views  and  strange  isms 
rule  the  day,  but  it's  the  only  way  to  command  the  respect  of  good  and 
sensible  men.  If  you  can  build  up  a  party  where  jealousy  shall  be 
eschewed,  virtuous  actions  encouraged  and  selfish  ambition  excluded,  I 
will  certainly  constitute  one  of  its  members.— /(9/^;^  Baxter,  July  13,  1857. 

The  year  i860  found  Augustus  Merrimon  pressing  for- 
ward in  his  profession,  winning  public  confidence  by  his 
integrity,  justice  and  patriotism;  surely  but  steadily  climb- 
ing the  heights  of  popular  esteem;  not  waiting  for  others 
to  prepare  the  way  for  him,  but  advancing  bravely  to  meet 
the  difficult  questions  of  the  day— he  sought  to  promote 
the  welfare  of  his  country.  The  war  approached.  Seces- 
sion sentiments  were  being  emphasized,  and  those  who  saw 
in  advance  the  fruitlessness  of  war,  the  useless  shedding  of 
blood,  the  strife  and  hatred  engendered  between  the  sister 
States — those  whose  better  judgment  recognized  these 
facts,  but  w^hose  feelings  maintained  the  warmth  of  South- 
ern patriotism,  bestirred  themselves  to  avert  the  impend- 
ino-  dano-er  and  warned  and  expostulated,  but  to  no  effect. 
They  may  have  seen  in  the  dim  light  of  future  years  the 
effects  of  four  years  of  civil  strife,  the  Sunny  South 
depressed,  impoverished,  dwarfed  in  growth  and  retarded 
in  her  efforts  for  advancement.      But  the  feeling  that  had 


60  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

been  germinating  for  years  burst  forth,  and  Civil  War  with 
all  its  blasting,  blighting  effects,  its  bloodshed  and  havoc, 
soared  like  a  vulture  over  the  sister  States, — satiating  its 
thirst  in  the  blood  of  brother  ficrhtinor  aofainst  brother. 

In  the  year  i860,  Augustus  Merrimon  was  elected  mem- 
ber of  the  House  of  Commons  for  Buncombe.  His  politics 
were  those  of  a  strong  Union  Whig;  and  while  in  Raleigh 
attending  the  session  of  the  I^egislature  he  used  the  oppor- 
tunity of  speaking  to  the  people  and  of  expressing  his 
strong  convictions  with  all  the  fervor  of  earnest  belief  con- 
cerning the  then  impending  calamities.  Before  the  war 
he  maintained  strong  Union  sentiments ;  and  with  the 
earnest  convictions  of  what  he  deemed  best  for  his  country, 
tending  toward  good  government,  it  seems  that  he  was 
unwilling  to  shirk  a  duty  honestly  plain  to  him.  Not 
only  did  he  desire  the  welfare  of  his  countrymen,  but  his 
efforts  had  that  end  in  view.  Looking  into  social  condi- 
tions and  the  evils  of  government  with  a  view  to  render- 
ing aid  in  rectifying  them,  he  battled  with  the  defects  of 
the  times  and  afterw^ard  reaped  the  reward  of  his  people's 
trust  and  confidence.  It  may  have  been  by  the  logic  of 
sound  reasoning  that  he  foresaw  the  uselessness  of  secession, 
the  sacrifice  of  noble  lives,  the  desolated  homes;  however, 
his  own  loyal  principles  caused  him  to  seek  to  maintain 
the  rights  of  the  Union  in  recalling  the  seceding  States, 
and  he  vigorously  upheld  those  rights  and  endeavored  to 
lead  the  people  to  see  the  vanity  of  attempting  secession. 
But  when  w^ar  became  inevitable,  though  his  judgment 
had  pleaded  for  the  peace  and  order  of  a  stable  Union,  yet 
his  patriotism  and  love  for  his  section  drew  him  to  the  sup- 
port of  his  own  people  and  State. 

Many  difficult  questions  were  then  brought  before  the 
people  and  their  law-makers  for  discussion  and  settlement, 


AUGUSTUS    SUMMERFIELD    MERRIM(3X.  61 

such  as  abolition,  railroad  extension,  ad  valorem  taxation 
and  others,  and  while  taking-  part  in  the  discussions  rela- 
tive to  the  questions  of  the  day,  my  father's  friends 
seemed  confident  that  he  would  maintain  their  cause  with 
good  results  to  them,  and  wnth  credit  to  himself.  Such 
words  as  the  following  may  attest  that  confidence: 

"Your  friends  are  so  much  pleased  with  your  course  in  regard  to  those 
exciting  subjects  now  among  you — and  here  extant.  The  people  of  this 
county  feel  that  they  have  a  man  in  the  House  of  Commons  this  session." 

"Your  friends  here  are  all  pleased  with  the  course  you  have  pursued  in 
the  Legislature  and  the  manly  way  in  which  you  have  stood  up  for  our 
rights." 

"Your  course  meets  the  approbation  of  all  conservative  men  of  both 
parties." 

"Many  men  who  voted  against  you  are  now  among  5-our  warmest 
friends. ' ' 

And  SO  much  the  more  must  these  words  have  encour- 
aged him,  as  he  felt  the  force  of  what  a  friend  wrote  him 
about  this  time: 

"Amid  the  various  propositions  and  plans  for  action  your  position  as  a 
representative  is  a  delicate  and  responsible  one." 

Below  are  extracts  from  two  of  his  letters,  written  while 
in  Raleigh,  to  his  brother  and  to  his  father: 

November  17,  i860. 

Scores  of  the  members  of  the  Legislature  are  now  here  and  the 
remainder  will  reach  here  by  next  Monday  morning.  All  seem  to  feel  that 
we  have  important  and  grave  work  before  us.  I  am  not  able  to  say  what 
action  will  be  taken  in  reference  to  our  Federal  relations.  *  -^  *  i  confess 
m3-self  somewhat  astonished  at  what  seems  to  be  the  feeling  in  reference 
to  the  Union  here.  All  are  indignant  at  the  result  of  the  Presidential 
election,  but  most  of  the  members  of  the  Legislature  love  the  Union  and 
are  not  now  willing  to  give  it  up.  *  *  ^  i  shall  act  with  great  care 
and  under  a  due  sense  of  the  grave  responsibility  that  rests  upon  me.  I 
shall  act  calmly,  cautiously  and  not  precipitate!}-,  haveing  in  view  nothing 
but  the  honor,  the  welfare  and  safety  of  the  people  I  have  the  honor  to  rep- 
resent and  the  whole  countr\'.      When  I  have  made  up  m.}^  opinion  as  to  my 


62  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

dut}-,  then  I  shall  act  prompth'  and  endeavor  to  discharge  my  whole  duty 
and  at  all  hazards.  ^  ^  *  i  have  heard  nothing  said  of  Internal  Im- 
provements yet.  As  I  feared  would  be  the  case,  Federal  politics  engross 
the  whole  attention.  This  evil  must  be  combatted  as  successfully  as  pos- 
sible. 

Raleigh,  N.  C,  February  3,  1861. 

My  dear  Father: —  ^  *  *  You  have  learned  by  this  time  that  the 
Convention  Bill  has  passed  into  a  law.  You  will  learn  its  details  from  the 
papers — I  voted  uniformly  for  a  convention,  because  I  thought  and  still 
think,  \.\\Q  people  ought  to  act  in  the  present  great  emergency.  But  I  was  not 
satisfied  with  the  Bill.  It  limits  the  action  of  the  Convention  to  federal 
affairs,  when,  in  my  judgment,  the  action  of  that  body  ought  not  to  be  lim- 
ited at  all.  I  thought  so  for  many  reasons  with  which  I  will  not  now  trouble 
3'ou.  It  is  sufficient  for  us  to  realize  now  that  a  Convention  will,  in  all 
probabilit}',  be  called  by  the  people  for  a  particular  purpose.  And  it 
becomes  the  great  and  patriotic  duty  oi good,  conservative  men  to  see  that 
none  huigood  and  reliable  men — men  of  cool,  sober  judgment  compose  the 
Convention.  Such  men  will  certainly  do  enough  in  the  Convention,  and 
fire-eaters  and  rash  disunionists  ought  not  to  be  trusted  at  any  time  and 
especially  at  a  time  of  great  peril  like  the  present.  It  is  therefore,  that  I 
hope,  the  moderate  men  of  our  county  will  see  that  a. good  man,  an  u?i- 
flinching  man  h)ecomes  a  candidate  at  once  for  the  Convention.  *  *  * 
If  the  moderate  men  of  the  State  control  the  convention,  then  we  are 
safe  in  the  Union  if  possible,  out  of  it,  if  absolutely  necessary  and  only 
in  this  event.  ^  ^^  "^^  The  prospect  of  a  satisfactory  adjustment  of 
pending  difficulties  is  gloomy  enough  indeed,  now,  but  I  am  glad  to  be 
able  to  sa}-  to  you,  that  the  prospect  within  the  last  two  or  three  days  is 
brighter  than  for  some  time  prior  to  that.  I  look  with  some  confidence 
to  the  action  of  the  commissioners  from  several  States  which  assemble  at 
Washington  tomorrow.  I  think  that  convention  will  at  once  agree  upon 
terms  of  compromise  and  these  will  be  acted  upon  by  Congress  and  sub- 
mitted to  the  people.  If  so,  then  our  country  ma}'  yet  be  saved, — if  not, 
then  will  hope  be  almost  extinguished.  *  *  *  While  I  hope  for  the 
better,  I  fear  the  worst.      -     ^'"     * 

My  private  affairs  need  m}'  attention  and  I  am  anxious  indeed  to  be  at 
home,  but  since  I  have  undertaken  for  the  public,  I  must  do  my  whole 
duty.     *     ^     -^ 

I  have  endeavored  to  discharge  my  whole  dut}'  here  and  I  have  reason 
to  believe  that  I  have  brought  no  dishonor  to  the  name  I  bear. 

For  years  before  this  exciting  period  of  the  State's  his- 
tory lie   had   been  zealously   working  for  reform,    writing 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  63 

against  political  abuses  and  in  favor  of  newer  modes  of 
political  management  and  better  platforms  for  parties  and 
people.  The  people's  rights  he  esteemed  of  paramount 
value.  He  sought  through  the  press  to  advocate  the  ideas 
he  felt  could  be  advanced  for  the  best  interest  of  the  people. 
A  friend,  in  writing  of  him  at  this  time,  says  : 

"Although  quite  a  youug  mau  comparatively,  he  has  takeu  a  high  stand 
at  the  bar,  and,  without  doubt,  is  one  of  the  most  promising  young  men 
in  our  State.  He  is  also  a  high-toned,  honorable  gentleman,  and  has 
always  been  one  of  truest  and  most  devoted  party  friends.  And  this  is  not 
all ;  he  is  a  man  of  untiring  energ}-,  and  when  he  puts  his  hands  to  the 
plough  he  never  looks  back." 

At  this  time,  seeking  to  advance  the  prosperity  of  his 
State  through  the  press  and  through  personal  appeal  to 
those  in  authority  to  act,  it  is  not  surprising  that  we  find 
his  sentiments  to  be  the  following : 

[December,  1857.] 

Something  ought  to  be  done  at  once  for  North  Carolina.  My  whole 
object  is  to  see  N.  C.  in  point  of  her  Constitution  and  in  point  of  State 
policy,  wealth  and  greatness,  placed  upon  an  equality  with  the  most 
powerful  and  prosperous  States  in  our  Federal  Union.  This  *  "^  *  is 
not  the  case  now  and  never  will  be  while  federal  politics  and  policy  control 
our  State  elections  and  through  these  our  State  polic}-.  Federal  politics 
for  many  j-ears  past  have  controled  our  State  elections,  greatly  to  the  detri- 
ment of  our  State,  both  in  reference  to  a  proper  reform  in  our  State  Con- 
stitution and  in  reference  to  our  Internal  Improvement  policy. 

Our  country  must  be  properly  built  up  internally. 

And  in  January,  i860,  we  find  his  sentiments  much  the 
same  as  formerly : 

I  am  pleased  and  gratified  at  the  firm  and  unwavering  stand  3'ou  have 
taken  in  behalf  of  those  measures  of  reform  in  this  State  that  involves  the 
happiness  and  prosperity  of  our  people.  They  must  prevail  if  North  Caro- 
lina ever  takes  that  position  as  a  member  of  our  federal  Union,  that  she 
ought  to  occupy.  Indeed,  in  my  judgment,  the  questions  of  reform  that 
now  agitate  the  minds  of  our  people,  are  rapidly  becoming  the  paramount 
questions  of  the  da}-,  and  I  ardently  hope  they  may  swallow  up  federal 


64  AUGUSTUS    SUMMERFTELD    MERRIMON. 

politics  uext  summer.  Nothing  shall  be  lacking  on  ni}-  part  to  effectuate 
this  most  desirable  end.  *  *  ^  /  am  for  reforiri  in  North  Carolina. 
The  people  are  for  it  and  they  are  all  powerful  when  the^'  act. 

I  am  for  the  Constitution,  the  Union  and  the  laws  of  the  land,  and  while 
I  have  a  country,  I  know  no  north,  no  south,  no  east,  no  west  but  one 
common  country.  I  love  this  priceless  heritage  bought  with  the  best  blood 
of  the  Revolution  and  consecrated  b}-  God  himself 

If  unfortunately  the  Union  should  be  dissolved,  then,  of  course,  I  shall 
be  for  the  South  alone,  and  as  true  to  its  interests  as  I  now  feel,  to  the 
interests  of  the  American  Union.  I  solemnl}'  believe  that  uinet}-  nine 
one  hundredths  of  the  people  in  this  section  of  the  State  entertain  similar 
views. 

That  man  who  advocates  disunion,  would  sap  the  very  foundations  of 
this  Government  and  spill  the  life-blood  of  its  firmest  and  most  patriotic 
supporters.  Washington  looked  upon  disunion  as  the  worst  of  political 
evils.  He  well  knew  its  tendency  in  any  government,  and  especiall}-  in 
one  like  our  own.  And  he  admonishes  us  to  look  to  iinioii  as  the  palla- 
dium of  our  political  safety  and  prosperit}'.  He  learned  well,  the  worth  of 
union  in  the  struggle  for  Independence.  In  it  he  hoped  for  success;  he 
fought  under  its  banners,  victory  crowned  his  efforts  and  we  are  this  day 
the  blessed  enjoyers  of  the  result  of  his  and  his  brethren's  toils.  Union  in 
effort  saved  us  from  English  oppression,  union  has  made  us  one  of  the 
most  powerful  nations  on  earth,  union  has  caused  us  to  prosper  and  enjo}' 
prosperit}'  for  three  quarters  of  a  century,  and  where  is  the  man  that  does 
not  say  Union,  Union  now  and  forever,  one  and  inseperal)le  !  ! 

When  the  crash  of  separation  came,  and  the  South 
plunged  into  the  bloody  conflict,  my  father  volunteered  in 
the  Rough  and  Ready  Guard,  a  company  from  his  native 
mountain  section,  but  he  afterward  accepted  a  captaincy  in 
the  commissary  department  of  service  as  assistant  to  Colonel 
William  Johnston,  and  served  at  Fort  Macon,  Ocracoke,  Wel- 
don  and  elsewhere.  Beingappointed  Solicitor  for  the  Western 
District  by  Judge  French,  he  accepted  the  position,  and  it 
is  said  that  he  rendered  valuable  aid  in  quelling  disorder 
and  civil  strife  in  that  section  of  the  State  and  in  insuring 
respect  for  civil  measures.  He  was  elected  to  the  same 
oflice,  which  he  held  until  his  election  by  the  Legislature 
to  be  Judge  of  the  Superior  Court  of  the  Eighth  Judicial 
District  in  the  year  1865. 


AUGUSTUS    SUMMERFIELD    MERRIMOX 


65 


No  written  records  can  give  a  full  account  of  such  scenes 
as  those  that  took  place  in  that  mighty  civil  struggle; 
their  widest  influence  cannot  be  measured  by  mortal  art 
or  ingenuity.  History  may  give  its  most  accurate  accounts 
of  cause  and  effect,  may  speak  in  glowing  terms  of  victory 
or  in  gloomy  words  of  defeat,  yet  sometimes  such  words 
but  cnve  the  shadow  of  realitv  that  lies  behind  the  causes 
and  effects  that  concern  a  nation's  welfare.  The  result  of 
those  four  years  of  civil  strife  may  be  found  indelibly 
engraved  upon  the  hearts  and  homes  made  desolate  by  a 
void  that  even  now  is  felt. 

There  were  other  heroes  who  endured  that  war  than 
fouo-ht  on  battlefield  or  stood  at  the  cannon's  mouth.  The 
courage  and  heroism  of  the  Southern  women,  who  also  had 
privations  to  share,  in  anxiety  and  loneliness,  their  little 
ones  gathered  around  the  hearth-stone,  a  double  care  and 
anxiety — this  is  not  entirely  unknown  and  unapplauded. 
At  home  the  dangers  were  sometimes  great.  Robbers  and 
marauders  were  not  unknown  visitors  in  various  localities 
and  civil  law  had  nearly  given  place  to  the  autocratic  rule 
of  the  stronger  of  contending  persons  and  parties.  The 
idea  that  all's  fair  in  war  seemed  to  hold  sway  in  such  dis- 
tricts, and  it  required  courage,  dauntless  resolution  and 
moral  nerve  in  him  who  would  withstand  the  opposing  cur- 
rent of  popular  feeling. 

As  Solicitor  in  such  turbulent  localities  it  is  said  that 
my  father's  life  was  often  imperiled  in  his  eflforts  to  vindi- 
cate civil  authority;  but  the  principle  apparent  in  his  char- 
acter in  later  years  seems  to  have  urged  him  to  the  per- 
formance of  what  he  believed  to  be  right  and  his  duty,  cost 
what  it  might  of  personal  danger. 

An  incident  that  occured  during  the  period  of  his  Solici- 
torship  is  told  of  him  that  shows  his  fearlessness  of  conse- 
9 


66  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

quences  when  he  knew  his  actions  to  be  right.  The  inhab- 
itants of  Madison  county,  men  of  strong  Union  sentiments, 
had  made  an  incursion  on  Marshall,  the  county-seat,  whose 
people,  it  seems,  held  opposing  views  and  were  warm 
secessionists.  Plundering  and  depredation  were  the  result 
of  the  lawless  attempt.  A  large  number  of  armed  men 
from  Buncombe,  angered  at  this  manifestation  of  lawless- 
ness, set  out  to  inflict  punishment  upon  the  offenders.  In 
the  face  of  opposition,  and  the  dangerous  whispers  of  some 
that  he  was  trying  to  screen  Union  friends,  the  young 
Solicitor  dared  not  sanction  the  violation  of  justice  and 
insisted  that  civil  power  remain  inviolable  so  that  civil 
measures  might  be  taken  to  punish  the  offenders  and  not 
the  means  that  unjust  and  unreasonable  anger  dictated. 

Such  letters  as  the  following  show  the  extent  of  lawless- 
ness that  then  prevailed  in  some  districts  of  the  State  and 
the  corresponding  amount  of  courage  required  in  him  who 
would  rashly  seek  to  subdue  it : 

"Claytonville,  N.  C,  May  lo,  1865. 
"A.  S.  Merrimon,  Esq., 

''My  dear  Sir: — We  have  a  committee  of  five  appointed  b^^  a  public 
meeting  held  at  Brevard  to  ask  the  United  States  military  authorities  at 
Asheville  for  some  sort  of  protection.  We  expect  to  be  at  Asheville  b}' 
10  or  12  o'clock  on  Friday  (to-morrow)  and  want  a  conference  with  you 
and  the  head  officers  of  the  command  together  immediately  on  our  arrival. 

"The  cruelty  of  many  of  the  robberies  are  perhaps  unheard  of  in  civil- 
ized life,  such  as  roasting  men   in  the  fire  to  extract  from  them  hidden 

treasures.     *     ^     ^     The}'  roasted  J O 's  gold  out  of  him.     They 

built  the  fire  to  roast  night  before   last   after  all  other  means  had 

failed,  but  was  prevailed  on  to  defer  it  until  Friday  night  by  his  sick 
daughter,  Caroline,  who  promised  them  to  dispose  of  a  fifteen  hundred 
dollar  note  for  gold  and  let  them  have  what  she  could  sell  the  note  for  in 
gold.  There  is  not  a  day  or  night  but  more  or  less  robberies  are  com- 
mitted. Many  of  the  best  farms  are  stripped  of  almost  everything  and 
not  a  horse  left  to  plow.  says  if  there  is  a  knife,  fork,  spoon,  table- 
cloth, plate,  pillow-slip  or  sheet  or  blanket  left  on  his  place  he  does  not 
know  it,  except  what  was  over  and  under  his  sick  daughter,  and  scores  of 


AUGTTSTUS    SUMMERFIELD    MERRIMOX.  67 

others  are  being  treated  in  the  same  way  and  their  persons  shamefully 
beaten  by  the  robbers.  We  believe  that  most  of  the  robberies  are  com- 
mitted by  bad  men  from  other  States,  with  a  few  deserters  from  both 
armies  and  a  few  bad  boys  in  the  neighborhood.  Most  of  them  are  known 
to  some  of  our  citizens.  The  citizens  have  been  deprived  of  their  arms 
by  both  the  robbers  and  soldiers;  we  are  impotent  so  far  as  making  any 
defense  is  concerned.  Will  the  authorities  aid  us?  If  not,  will  they  allow 
us  to  arm  ourselves  in  self-defence?  L.  S.   G." 

And  when  the  end  of  the  strnggle  came  and  the  South 
lay  prostrate  at  the  feet  of  the  conqueror,  the  Lost  Cause 
perished  with  the  lives  of  those  who  loved  it,  then  were 
the  dregs  of  the  cup  of  bitterness  to  be  drained  and  the 
recompense  of  strife  and  contention  to  be  reaped  by  all  the 
fair  Southland. 

It  was  a  time  of  disorder  and  confusion.  Says  one, 
writing  to  my  father  about  this  time: 

"There  has  been  a  terrible  mob  at  Charlotte,  and  we  are  here  on  a  vol- 
cano; there  is  an  awful  amount  of  stealing  going  on— the  estate  of  the 
defunct  Confederacy  is  being  administered  even  before  she  was  buried." 

And  another: 

"Corruption  stalks  abroad  everywhere;  violence  usurps  the  place  of 
law." 

Just  after  the  war,  when  President  Johnson  ordered  an 
election  for  members  of  a  State  Convention  to  be  held  in 
Raleio-h,  mv  father  offered  himself  as  a  candidate,  but  was 
defeated  by  Rev.  Dr.  Stewart.  In  December,  1865,  the 
Legislature  elected  him  Judge  of  the  Eighth  Judicial  Dis- 
trict, and  he  was  qualified  in  January  following. 

The  duties  of  such  positions  were  by  no  means  light  at 
that  time  and  the  same  difficulties  that  had  met  him  as 
Solicitor  now  lay  in  his  way  to  the  performance  of  the 
trust  his  people  had  confided  to  him.  However,  he  was  not 
deterred  from  the   prosecution  of  that  which  was  for  the 


68  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

good  of  the  people  and  the  State;  which  fact  was  shown  by 
his  vigilance  and  faithfulness  in  carrying  out  the  law  to 
the  letter  and  by  his  summary  manner  of  dealing  with 
those  who  willfully  defied  authority,  even  though  the  sway 
of  civil  power  and  peace  was  gained  with  the  cost  of 
friendly  feeling  towards  himself.  Such  a  course  was  fol- 
lowed in  the  counties  of  Clay,  Cherokee  and  others  where 
hostilities  were  imminent  among  communities  and  even 
among  neighbors,  and  where  the  reign  of  law  had  to  be 
re-established  upon  firm  and  uncompromising  terms. 

Reconstruction  stalked  abroad  with  all  her  ignominy  to 
the  Southern  people,  and  not  only  by  the  masses  were  her 
measures  severely  felt,  but  by  those  in  authority  and  there- 
fore more  exposed  to  the  jolt  of  collision  between  civil  and 
martial  power.  While  holding  court  for  a  certain  district 
Judge  Merrimon  received  orders  to  suspend  proceedings 
against  certain  parties  from  General  Sickles.  But  in  this 
instance  there  was  no  collision  of  authority,  as  the  case 
was  continued  on  affidavit.  The  like  orders  were  received 
at  still  another  sitting  of  the  court,  and,  recognizing  his 
inability  to  cope  with  military  power,  my  father  resigned 
the  Judgeship,  feeling  that  only  by  so  doing  could  he 
remain  true  to  his  oath  of  allegiance  to  Constitution  and 
State.  He  gives  the  reasons  that  influenced  him  in  his 
resignation  in  a  letter  addressed  to  Major-General  D.  E. 
Sickles,  which  was  found  among  his  old  papers: 

My  settled  convictions  of  dut3',  growing  out  of  my  obligations  as  a 
Judge  of  the  State  under  the  Constitution  and  laws  of  the  State  and  of  the 
United  States,  will  not  allow  me  to  recognize  or  obe}'  any  military  order 
whatsoever  that  may  come  to  me  while  exercising  nn-  office  in  court  or  at 
chambers. 

I  have  accepted  a  high  and  important  office  under  the  State  Govern- 
ment put  in  operation  by  it  and  have  taken  the  oaths  of  office  indicated 
above.    I  as  Judge  cannot  deny  the  validity  of  the  State  Government,  and 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  69 

I  cannot  repudiate  nn*  oaths  of  office  at  will  and  disregard  the  plain  laws 
of  the  land,  which  I  have  sworn  I  would  maintain  and  administer.  The 
act  of  Congress  cannot  operate  to  change  my  present  official  obligations, 
and  the  State  Government  has  taken  no  steps  to  do  so  and  I  do  not  sup- 
pose it  will,  at  all  events,  in  time  to  relieve  my  present  embarrassed  situa- 
tion. 

I  therefore  deem  it  due  to  3'ou  and  myself  to  state  now  in  the  frankest 
and  most  respectful  manner,  that  I  cannot  and  will  not  recognize  or  obey 
au}^  militar\'  order  that  may  come  to  me.  The  conviction  of  my  mind  is 
clear,  that  if  I  should  do  so,  I  would  thereby  violate  my  oath  of  office  and 
prove  false  to  the  high  trust  conferred  upon  and  accepted  by  me,  and 
besides  I  would  degrade  the  Judiciary  of  the  State. 

I  do  not  wish  to  do  an^'thing  to  excite  or  irritate  the  public  mind,  nor 
do  I  wish  to  hinder  or  delay  the  reconstruction  of  the  Government,  and  I 
make  this  suggestion  now,  so  that  you  may  understand  my  sense  of  duty. 
If  you  will  say  to  me,  that  I  will  not  be  allowed  to  hold  the  Courts  as 
heretofore  and  that  3'ou  will  exercise  your  superior  power  to  prevent  me 
from  doing  so,  in  order  to  avoid  a  conflict  that  would  result  in  no  good,  I 
will  tender  my  resignation  at  once,  to  the  end  some  one  may  be  selected 
who  can  discharge  the  duties  of  Judge  accordingly  as  you  may  direct  with- 
out au}^  violation  of  any  official  oath  or  obligation. 

I  beg  to  assure  you,  that  this  letter  is  not  prompted  by  any  captious 
spirit  or  any  disposition  to  embarrass  or  retard  the  reconstruction  policy 
of  Congress.  Indeed,  so  far  from  this,  I  am  anxious  above  all  things 
politically,  for  a  happy  and  cordial  reconstruction  of  the  Union.  I  am 
sure  that  the  people  of  the  State  and  the  whole  South  can  have  no  tolera- 
ble degree  of  prosperity  in  any  respect  until  this  is  done. 

Having  sent  his  resignation  to  Governor  Worth,  Judge 
Merrimon  was  persuaded  to  withhold  it  until  after  he  should 
preside  at  the  approaching  term  of  Chowan  County  Court,  at 
which  term  the  famous  Johnson  will  case  was  to  be  decided. 
It  has  been  said  that  this  case  was  perhaps  the  most  impor- 
tant civil  case  ever  tried  in  North  Carolina,  and  one  which 
involved  the  validity  of  bequests  of  the  largest  amounts 
ever  contested  in  this  State,  and  also  that  on  both  sides  there 
was  drawn  together  the  most  brilliant  array  of  legal  talent 
that  ever  pleaded  in  one  cause  in  the  annals  of  our  Supe- 
rior Court  judicature.      The  trial  of  this  case  lasted  four 


70  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

weeks,  and  during  this  time  many  important  points  were 
brought  up  for  the  decision  of  the  Court.  It  must  have 
been  gratifying  to  the  Judge  who  presided  on  that  occasion 
to  know  that  upon  no  point  was  he  overruled  by  the  higher 
Court,  but  instead,  his  well-defined  grasp  of  the  many 
points  at  issue,  his  wise  rulings  for  the  administration  of 
sound  justice,  were  approved  and  complimented.  His 
characteristics  as  a  Judge  at  this  time  may  be  shown  by 
such  words  as  the  following  voluntary  expressions  of  his 
friends: 

"To  be  engaged  in  the  trial  of  one  cause  for  four  weeks,  and  in  the 
almost  infinite  number  of  points  raised  during  that  long  period  not  to 
make  a  single  mistake,  is  remarkable  and  is  entitled  to  laudatory  com- 
ment." 

"It  gives  me  great  pleasure  to  say  to  you  that  the  brethren  everj-where, 
and  they  are  in  the  main  the  best  judges,  concur  in  expressing  the  highest 
approbation  of  your  official  qualifications." — /^.  B.  Gilliam. 

"I  am  more  than  pleased  with  3-our  sj^stem  and  industry  in  dispatching 
cases,  and  not  less  with  your  humane  and  considerate  and  wise  manner  of 
distributing  justice  to  the  freedmen,  so  different  from  some  who  love  to 
gratify  an  insane  hatred  to  the  poor  blacks  because  they  are  free,  by 
lashes — lashes — lashes." — B.  F.  Moore. 

"It  may  gratify  you.  Judge,  to  know  that  the  single  term  which  you  held 
here  had  a  happy  and  manifest  influence  in  elevating  the  judicial  charac- 
ter and  in  inspiring  respect  for  courts  and  a  desire  to  see  their  dignity  pre- 
served. I  think  it  cause  for  public  regret  that  you  find  it  necessary  to 
resign  your  place  as  Judge.  I  am  afraid  that  we  are  breaking  all  the 
fastenings  that  bind  us  to  civil  and  constitutional  liberty  and  that  we 
shall  soon  be  without  law,  powerless — helpless — on  the  broad  sea  of 
SiWdirchy .'^  —Joseph  J.  Davis  {i86/). 

On  the  acceptance  of  his  resignation  by  the  Governor, 
Augustus  Merrimon  resumed  the  practice  of  the  law  and 
removed  to  Raleigh,  where  he  entered  into  a  partnership 
with  Hon.  Samuel  F.  Phillips,  afterwards  United  States 
Solicitor-General,  under  the  firm  name  of  Phillips  & 
Merrimon.      Here  he  obtained  a  successful  and  lucrative 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  71 

practice,  liis  clients  comprising  not  only  residents  of  his 
own  State,  bankers  and  corporations,  bnt  also  varions  firms 
in  the  larger  cities,  New  York,  Philadelphia,  Baltimore, 
Charleston  and  others.  Besides  his  regular  legal  pursuits, 
a  fertile  field  for  practice  then  being  found  in  the  Federal 
Courts,  he  took  crreat  interest  in  the  affairs  which  vitally 
concerned  the  people,  and  in  the  restoration  of  a  sound 
and  stable  government.  As  a  member  of  the  Democratic 
party  he  was  for  a  time  Chairman  of  its  Executive  Com- 
mittee, and  by  that  committee  was  nominated  in  1868  for 
Governor.  He  declined  the  nomination.  Afterwards  he  was 
nominated  for  Associate  Justice  of  the  Supreme  Court. 
The  decision  was  practically  determined  by  the  balance  of 
power  that  lay  in  the  hands  of  the  gainsayers  of  Democracy. 

For  a  time  one  of  the  Directors  of  the  Western  North 
Carolina  Railroad  Company  at  an  important  period  of  its 
history,  he  interested  himself  in  the  welfare  and  material 
prosperity  of  his  State;  he  thought  for  the  betterment  of 
her  condition  as  well  as  for  his  own  achievement. 

Who  may  say  how  little  all  human  achievement  appeared 
to  him  then,  when,  in  the  presence  of  the  death  of  two  of 
his  little  darlings,  his  heart  was  bowed  beneath  the  weight 
of  affliction  and  sorrow  God  had  seen  fit  to  send  upon  him 
— sent  in  the  infinite  purpose  of  Him  who  knows  the 
earthlv  clino^ino-  of  the  heart  to  earthlv  idols,  and  with 
Divine  love  behind  the  dispensation. 

The  golden  locket  with  their  pictured  forms  was  a 
sacred  memento  which  he  kept  and  treasured  through  the 
remainder  of  his  life. 

His  was  no  heart  of  adamant,  but  he  possessed  a  great 
and  noble  spirit,  zealous  in  the  cause  of  the  right  and  of  jus- 
tice, but  easily  touched  by  the  sufferings  of  others,  by  the 
pathetic  and  the  pitiable.      That  he  possessed  the  beautiful 


72  AUGUSTUS    SUMMERFIELD    MERRIMON. 

trait  of  sympathy   for  the  distressed,    let  the  words  of  a 
grateful  friend  testify,  who  says: 

"I  feel  uow  my  inability  to  pay  either  in  words  or  any  other  way  a  frac- 
tional part  of  the  debt  of  gratitude  that  I  owe  you,  but  I  hope  it  may  not 
always  be  so;  and  when  I  think  that  what  you  have  done  was  done  when 
you  could  see  no  hope  of  reward  in  this  world,  it  only  makes  me  feel  the 
more  so;  rest  assured,  my  dear  sir,  that  I  will  always  be  as  read}-  to  help 
3'OU  in  any  hour  of  trial  as  you  have  been  to  help  me  in  this  my  darkest 
da}-  in  life." 

In  1870  my  father  zealously  fought  the  evils  incident  to 
the  "Kirk  War,"  and  of  his  conduct  at  that  time  his 
friend,  Mr.  Armistead  Jones,  has  said: 

"His  voice  was  constantly  raised  in  defense  of  civil  libert}-,  and  energies 
directed  towards  checking  the  usurpations  of  the  political  party  then  in  con- 
trol of  the  State  and  Federal  Governments,  when  it  became  a  part  of  the 
polic}'  of  that  party  to  foist  upon  the  South  the  reconstruction  amendment 
to  the  Constitution,  which  placed  under  disability  many  of  the  best  class, 
and  extended  to  the  ignorant  and  incapable  the  power  of  control,  and  when, 
in  order  to  successfulh-  execute  that  policy,  the  writ  of  habeas  corpus  was 
suspended  and  martial  law  declared  in  certain  counties  of  the  State,  and 
men  were  arrested  and  imprisoned  b}'  a  quasi -n\\\\^diXy  authority,  one  of 
the  first  to  come  to  the  rescue  was  Judge  Merrimon.  His  talents  were 
devoted  towards  sustaining  the  law  of  his  fathers  and  upholding  the  prin- 
ciples of  civil  liberty  that  were  so  near  to  his  heart.  He  was  one  of  the 
first  to  apply  for  writs  of  habeas  corpus  and  to  appeal  to  the  judiciary, 
and  finally  he  was  largel}'  instrumental  in  procuring  the  release  of  the 
persecuted  b}^  order  of  Judge  Brooks." 

His  earnest  efforts  in  behalf  of  the  prisoners  illegally  held 
by  Kirk  won  a  well-deserved  recompense  in  their  gratitude 
and  affection.  Following  the  exciting  events  of  this  period 
came  the  impeachment  of  Governor  Holden,  in  which  cause 
Judge  Merrimon  was  associated  with  Hon.  Thomas  Bragg 
and  Hon.  W.  A.  Graham  as  counsel  for  the  prosecution.  A 
friend,  in  speaking  of  the  part  assigned  my  father  in  that 
trial,  has  said: 


AUGUSTUS    SUMMERFIELD    MERRIMON.  73 

"To  him  was  given  the  duty  of  examining  the  witnesses,  and  his 
examination  was  perfect.  It  was  as  fine  an  exhibition  as  has  ever  been 
seen  in  the  conduct  of  a  legal  cause.  From  that  time  Judge  Merrimon's 
reputation  rested  on  the  most  solid  and  enduring  foundation." 

In  1871,  with  ex-Governor  Bragg,  D.  M.  Barringer  and 
G.  H.  x\lford,  he  was  a  candidate  from  Wake  county  for 
delegate  to  a  State  Convention  to  be  called  by  a  majority 
of  the  votes  of  the  people,  and  to  be  held  in  Raleigh.  He 
was  defeated  and  the  Convention  was  not  held.  In  1872 
he  was  nominated  by  the  Democratic  party  for  Governor 
and,  it  is  said,  made  a  strong  and  able  canvass  of  the  State. 
But  a^ain  defeat  was  to  be  met,  and  Governor  Caldwell 
took  his  seat  by  virtue  of  a  small  majority.  The  idea 
of  contesting  the  election  was  advanced,  because  it  was  the 
opinion  of  some  of  Judge  Merrimon's  friends  that  he  had 
been  rightfully  elected.  But  having  faithfully  endeavored 
to  perform  the  duty  incumbent  upon  him  as  his  party's 
nominee,  he  acquiesced  in  defeat  that  brought  with  it  no 
dishonor.      To  quote  the  opinion  of  the  press: 

"It  is  not  too  much  to  say  that,  though  overpowered  in  that  campaign 
by  the  force  of  Federal  supervisors  at  every  polling-place,  Judge  Mer- 
rimon,  by  his  magnificent  canvass,  by  his  able  and  dignified  discussion 
of  the  issues  then  paramount  in  a  gubernatorial  campaign,  strengthened 
the  Democratic  party  for  two  coming  struggles  in  1874  and  1876,  and 
prepared  it  for  the  great  victory  which,  with  Vance  leading,  made  North 
Carolina  the  first  State  in  the  column  of  the  Solid  South  after  recon- 
struction." 

"His  speeches  were  indeed  masterly.  He  often  spoke  for  hours,  and 
all  know  the  vehemence  of  his  declamation,  the  earnestness  and  force 
which  characterized  his  forensic  efforts.  Only  a  frame  of  his  great  phys- 
ical power  could  have  endured  the  strain.  It  was  a  wonderful  demonstra- 
tion of  his  mental  capacity  and  physical  endurance." 

Though  nominal  defeat  crowned  this,  one  of  the  greatest 
efforts  of  his  life,  yet  it  was  not  wholly  defeat;  doubtless 
he  endeared  himself  in  that  memorable  campaign   to  the 

10 


74  AUGUSTUS    SUMMERFIELD    MERRIMON. 

hearts  of  many  by  his  patriotic  enthusiasm,  his  stirring 
words  of  unmistakable  meaning  with  reference  to  the  prin- 
ciples of  Democracy,  and  beyond  these — duties  of  citizen- 
ship to  a  common  country. 

In  December,  1872,  at  the  assembling  of  the  Legislature, 
his  name  was  brought  forward  for  the  United  States  Sena- 
torship.  The  name  of  Hon.  Z.  B.  Vance  was  also  pre- 
sented.     To  quote  the  press  again: 

"There  was  a  long  contest  over  the  Senatorship,  which  at  length  was 
brought  to  a  close  by  the  withdrawal  of  both  Vance  and  Merrimon.  Sub- 
sequently the  Democratic  caucus  again  nominated  Vance,  and  almost 
immediately  the  Houses  met  in  joint  session  to  take  a  vote.  The  Repub- 
licans, hoping  to  disorganize  the  Democrats,  voted  for  Merrimon,  and  some 
Democrats  who  had  remained  out  of  the  caucus  voted  with  them,  and  two 
or  three,  perhaps,  who  had  participated  in  the  caucus  again  voted  for 
Merrimon,  and  elected  him.  All  of  this  was  without  his  knowledge.  The 
news  was  communicated  to  Judge  Merrimon  while  engaged  in  the  Fed- 
eral Court.  On  consideration  he  did  not  decline  the  election.  He 
thanked  the  men  personally  who  voted  for  him;  but  he  did  not  allow  the 
manner  of  his  election  to  swerve  him  from  his  adherence  to  the  party." 

"He  would  not  accept  the  place  until  he  had  called  together  Governor 
Graham  and  other  discreet,  wise  and  highly  honorable  gentlemen  to  con- 
sider whether  under  the  circumstances  he  could  with  proper  self-respect 
accept  the  place.     They  unanimously  decided  that  he  could  do  so." 

That  comment,  even  severe  criticism,  should  be  made 
upon  his  accepting  the  election  goes  without  saying.  But, 
heeding  not  the  false  accusations  leveled  against  his  integ- 
rity as  a  politician,  he  pursued  the  course  he  believed  to 
be  right  and  honorable.  That  this  was  true  a  friend  testi- 
fies, who  wrote  these  words: 

"I  think  you  to  be  one  of  the  few  who  does  take  a  part  in  politics  and 
is  honest." 

And 

"If  'Peace  on  earth,  good-will  to  men,'  is  your  platform  (and  I  believe 
it  is)  I  am  with  you  most  cordially." 


AUGUSTUS    SUMMERFIELD    MERRIMON.  75 

"I  thought  that  at  a  time  when  censures  were  being  heaped  upon  you 
by  many  of  those  who  were  recently  loud  in  5-our  praise  it  might  be 
pleasant  to  you  to  know^  that  that  class  of  3'Our  friends  who  have  but  little 
to  do  with  politics,  and  no  personal  ends  to  serve  by  party  issues,  have 
still  unabated  confidence  in  you,  and  rejoice  that  one  of  the  best  types  of 
moral  character  goes  to  the  highest  place  within  the  gift  of  the  people  of 
the  State."— A'^z'.  3fr.  Reid. 

For  himself,  he  could  say: 

I  feel  invincible  strength  in  the  rectitude  of  my  intentions  and  acts. 

And  of  his  future  actions: 

As  a  Senator,  by  the  blessing  of  Providence,  it  is  my  unalterable  pur- 
pose to  do  m}'  utmost  to  benefit  and  bless  the  whole  people,  and  especially 
m}'  immediate  constituents  of  all  classes,  conditions  and  colors.  I  shall 
insist  upon  right  for  all,  I  will  not  willingly  tolerate  wrong  or  oppression 
to  any.  I  am  anxious  to  see  the  Union  rest  firmly  and  forever  upon  the 
Constitution — to  see  it  completely  and  cordially  restored  in  the  hearts  of 
the  people,  and  its  government  so  administered  as  to  make  it  indeed,  their 
paramount  political  good.  I  wish  to  see  its  government  just,  great  and 
glorious,  exercising  its  mighty  powers  for  its  own  protection,  as  well  as 
for  the  maintenance  and  protection  of  all  the  rights  and  powers  of  the 
States  composing  it,  within  their  respective  spheres  as  governments. 

I  am  essentially  Conservative  in  my  opinions  and  conduct,  and  as  in  the 
past  so  in  the  future,  I  shall  be  a  Conservative,  having  for  my  political 
guidance  no  other  political  chart  than  the  Constitution  of  m_v  country. 
I  will  never  cease  to  advocate  and  uphold  those  great  principles  of  free 
government  and  civil  liberty  I  had  the  honor  to  proclaim  during  the  late 
political  campaign  in  this  State. 

Having  taken  his  seat  in  Congress,  he  applied  himself  to 
unravel  the  difficult  problems  and  intricate  questions  of 
material  importance  to  the  country  at  large  which  then  lay 
before  the  law-makers  for  solution.  He  amassed  information 
concerning  the  important  subjects  pending  discu^sioTf  at.  that 
time  in  Congress,  and  worked  aggressiveiylor  the  mainte- 
nance of  his  State's  right  and  honor  among  her  sisters.  And 
so  six  years  were  passed,  wherein  the  days,  even  night  hours, 
were  given  to  the  earnest  study  of  a  nation's  welfare  and 


76  AUGUSTUS    SUMMERFIELD    MERRIMON. 

interests.  His  speeches  delivered  in  that  augnst  body  are 
fitting  representatives  and  memorials  of  his  efforts;  snch 
were  the  following:  On  the  Financial  Condition  of  the 
Conntry;  on  the  Subversion  of  Civil  Liberty  in  Louis- 
iana; on  the  Civil  Rights  Bill;  on  Military  Usurpation  in 
South  Carolina;  on  the  Silver  Bill;  on  the  Exercise  of 
Elective  Franchise;  on  the  Japan  Refunding  Bill;  on  the 
Thurman  Bill  in  respect  to  the  Pacific  Railroad  Companies, 
and  others,  including  a  bill  for  the  expansion  of  the  cur- 
rency to  the  extent  of  $50,000,000  in  an  increased  issue 
of  greenbacks.  The  bill  was  passed  by  Congress,  but  was 
vetoed  by  President  Grant.  Of  his  speech  on  the  Louis- 
iana question  a  friend  wrote: 

"Permit  me  to  commend  that  feature  in  your  speech  which  calls  back 
those  of  our  Northern  Senators  who  seem  to  forget  their  obligations  to 
their  country.  Glorious  days  returning  when  a  rebel  vSenator  from  North 
Carolina  rebukes  with  all  the  earnestness  of  his  nature  Northern  Senators 
in  Congress  for  infidelit}-,  to  the  Constitution  and  sustains  himself  so 
well."— i^.  H.  Justice. 

"Allow  me  to  say  that  I  feel  grateful  to  you  for  recalling  to  the  Senate's 
attention  the  great  fundamental  principles  of  liberty,  from  which  there 
was  a  gross  departure  in  the  mode  of  our  reconstruction.  Andrew  John- 
son's fame  will  eventually  rest  on  his  vetoes,  which  exposed  the 
departures." — B.  F.  Moore. 

And  no  doubt  there  was  additional  encouragement 
afforded  him  in  these  criticisms  in  regard  to  other  Sena- 
torial arguments  : 

"I  admire  your  speech  for  its  genuine  tone  of  Southern  sentiment,  cast- 
ing behind  the  past  and  invoking  the  honest  judgment  of  the  North  in 
behalf  of  the  South.  I  think  you  have  effected  much  to  restore  good 
relations  between  the  sections." 

"The  great  masses  appro\e  your  support  of  Hayes  and  your  efforts  to 
destro}'  sectionalism  and  animosities." 

Besides  taking  part  in  Congressional  debate — one  of  his 
efforts,    it   is  said,   occupying  an    entire  night — he  served 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  77 

usefully  upou  the  committees  ou  the  post-office,  on  post 
roads,  on  privileges  and  elections,  on  claims,  on  rules,  on 
the  District  of  Columbia,  and  was  a  member  of  the  com- 
mittee to  investigate  the  difficulties  concerning  the  Presi- 
dential election  affairs  in  South  Carolina,  in  the  interest  of 
which  he  visited  that  State.  In  the  examination  of  evi- 
dence in  this,  as  in  other  Senatorial  investigations,  his 
knowledge  of  law  must  have  been  of  great  usefulness  to 
him;  that  he  made  use  of  it  is  shown  by  the  declaration  of 
Hon.  Oliver  P.  Morton,  who,  it  is  said,  publicly  declared 
him  to  be  "the  ablest  lawyer  on  the  floor  of  Congress." 

At  the  close  of  his  term  of  service  friends  warmly 
expressed  the  desire  that  he  should  be  returned.  Their 
approval  of  his  course  as  a  Senator  is  evidenced  by  many 
letters  received  by  him  at  the  time: 

"You  have  been  a  faithful  and  valuable  representative  of  your  State 
and  of  the  South  during  your  whole  term  of  service.  I  have  had  occasion 
to  observe  your  high  integrity  and  devotion  to  principle,  and  to  admire 

it." 

"How  you  can  find  time,  whether  as  an  eminent  statesman  in  your 
seat  in  the  United  States  Senate  deeply  engro.ssed  in  thoughts  and  meas- 
ures to  promote  the  best  good  of  the  country  and  of  your  State  and  the 
South,  or  whether  at  home  thinking  and  working  for  the  best  good  of 
North  Carolina  in  all  her  sections  and  relations,  to  stop  occasionally  for  a 
few  minutes  to  read  humble  productions  like  mine  and  to  say  a  kind 
word  to  me  and  others,  passes  my  understanding.  But  you  do  it,  you 
answer  everybody's  letters,  you  are  always  ready  to  serve  a  true  North 
Carolinian,  you  are  always  at  your  post,  always  thinking  and  acting  for 
the  people  of  North  Carolina,  with  a  heart  that  beats  true  and  steadfast 
for  the  country  at  large." — S'.  5.  Satchzvell. 

"Senator  Merrimon  has  already  attained  a  national  reputation— a 
world-wide  fame  as  one  of  our  greatest  statesmen;  therefore  let  us  use 
wisdom,  not  prejudice,  in  the  matter  and  retain  him  ni  the  Senate  so  long 
as  he  continues  the  able  and  assiduous  statesman  and  patriot  he  now  is." 

However,  he  was  not  returned  to  the  Senate  at  the 
expiration  of  his  term  of  office.  The  respect  and  admira- 
tion of  his  friends  were  a  merited  recompense  for  his  labors. 


78  AUGUSTUS    SUMMERFIELD    MEERIMOX, 

"You  have  many  warm  friends  in  this  section  of  the  State,  friends  who 
have  watched  you  for  years,  and  who  not  only  rejoice  that  3'our  public 
record  is  without  a  lilot,  but  that  there  is  not  even  an  act  over  which  they 
feel  called  upon  to  cast  the  mantle  of  charity." 

"Although  it  is  my  lot  to  differ  from  3'ourself  in  nn-  political  tenets,  I 
cannot  but  express  my  admiration  for  j-our  magnanimous  course  in  the 
race  for  Senatorial  honors,  and  nmst  sa}-  that  your  many  friends  in  North 
Carolina  think  that  even  in  defeat  you  were  victorious." 

At  the  end  of  his  Senatorial  service  his  own  words  tes- 
tify that  he  had  followed  the  course  he  had  prescribed  for 
himself  at  its  beginning: 

I  have  endeavored  to  serve  my  State  and  people  and  the  whole  country 
faithfully.  -^  -^  *  i  think  I  can  truthfully  sa}',  that  I  have  not  neg- 
lected the  business  interests  of  any  one,  rich  or  poor,  white  or  black,  and 
without  regard  to  party  affiliations,  when  the  same  have  been  brought 
to  m3'  attention  and  I  might  be  properly  charged  with  them.  And  while 
I  have  paid  due  regard  to  the  highest  interests  of  the  country  and  par- 
ticularly those  of  the  people  whose  immediate  servant  I  am,  I  have 
been  ever  faithful  to  the  democratic  party. 

I  can't  conjecture  what  the  future  has  in  store  for  me;  but  under  all 
circumstances  I  intend  to  do  what  I  conceive  to  be  right  and  leave  no 
stain  on  m}^  name  when  I  shall  be  called  to  my  final  account.  It  is  my 
purpose  to  go  at  once  into  the  active  and  zealous  practice  of  my  profession. 

While  representing  his  State  in  the  councils  of  the  nation 
at  Washington,  his  law  office  at  Raleigh  w^as  kept  open  by 
two  of  his  friends,  with  whom  a  copartnership  had  been 
formed — Hon.  T.  C.  Fuller,  now  Judge  of  one  of  the 
Federal  Courts,  and  Hon.  S.  A.  Ashe,  under  the  firm  name 
of  Merrimon,  Fuller  &  Ashe.  Returning  from  Washing- 
ton, my  father  entered  upon  a  lucrative  practice  of  the  law. 
On  the  withdrawal  of  Mr.  Ashe  to  pursue  journalism  the 
firm  became  Merrimon  &  Fuller.  In  the  practice  of  law, 
which  he  finally  pursued  alone,  he  continued  to  labor,  gain- 
ing from  it,  perhaps,  a  better  income  than  that  which 
awaited  him  upon  the  bench.  In  the  year  1883  he  was 
appointed  by  Governor  Jarvis  to  the  seat  upon  the  Supreme 


AUGUSTUS    SUMMEKFIELD    MERRIMOX.  79 

Court  bench  made  vacant  by  the  resignation  of  Judge 
Thomas  Ruffin,  Jr.  This  appointment  was  twice  confirmed 
b\'  the  votes  of  the  people  at  the  polls. 

On  the  death  of  Chief  Justice  Smith,  in  November, 
1889,  Judge  Merrimon  succeeded  him  as  the  chief  judicial 
officer  of  the  State.  The  people  again  showed  their  confi- 
dence in  his  fitness  for  the  position  by  giving  him,  it  is 
said,  about  40,000  majority  at  the  election  following  the 
appointment  which  had  been  made  by  Governor  D.  G. 
Fowle. 

As  occupying  this  honorable  position  it  seems  that  he 
acquitted  himself,  as  in  the  discharge  of  former  duty  con- 
ferred upon  him  by  the  people,  with  inflexible  purpose  for 
the  triumph  of  right  against  wrong,  justice  over  oppression, 
and  the  maintenance  of  the  law's  demands  inviolable.  As 
a  Judge  it  was  said  of  him: 

"While  upon  the  Supreme  Court  beucli  much  of  his  attention  was 
given  to  settling  the  practice  under  the  Code,  and  he  was  specially  fitted 
for  this  work.  He  cleared  aw^ay  the  uncertainty  that  enveloped  points  of 
practice,  construing  the  statutes  in  a  plain  and  concise  wa}',  so  as  to  have 
it  express  its  true  meaning.  His  opinions,  beginning  with  the  89th  vol- 
un]e  of  our  Reports  and  extending  through  the  109th  volume,  abound 
with  such  force  and  learning  as  will  ever  mark  him  one  of  the  greatest 
and  purest  Judges  of  modern  times.  He  was  broad,  and  at  the  same  time 
possessed  a  power  of  concentration  that  enabled  him  to  discern  the  true 
principle  and  deal  with  it  at  ease.  He  was  a  bold,  just  Judge,  fearless  of 
consequences  when  he  believed  he  was  right.  He  at  no  time  stooped  to 
popular  prejudice  or  opinion,  and  sustained  through  life  a  spotless  name. 
While  upon  the  bench  he  scorned  the  idea  of  being  influenced  by  outside 
popular  feeling,  and  had  the  courage  and  manhood  to  give  his  opinion  of 
the  law  as  he  in  conscience  understood  it. 

"What  was  more  natural  than  that  this  man  whose  life-work  had  been 
spent  in  following  precedents,  in  establishing  highways  through  the  intri- 
cacies of  legal  questions,  in  the  support  and  maintenance  of  those  princi- 
ples of  human  conduct  that  the  experience  of  the  best  and  wisest  of  men 
has  determined  to  be  most  durable  and  most  worthy,  and  who  illustrated 
by  his  own  ways  that  the  most  exalted  plane  of  highest  virtue  was  his  con- 


80  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

stant  aim,  should  be  fouud  at  the  last  with  his  eyes  fixed  upon  Him  who 
is  the  fountain  and  source  of  all  law,  of  all  things  which  are  for  the  best 
of  mankind? 

"Yes,  the  closing  scenes  of  his  life  gave  evidence  trumpet-tongued 
that  he  who  loved  truth  in  law  here  shall  stand  forever  blessed  in  the 
presence  of  Him  who  is  the  great  lawgiver  and  maker. 

"His  belief  and  his  mode  of  living  here  were  in  the  eternal  fatherhood 
of  God  and  the  boundless  brotherhood  of  man.  In  the  world  above,  where 
the  reign  of  law  is  supreme  and  without  infringement,  shall  this  just  man 
live  forever."* 


*From  the  speech  made  by  Mr.  Arniistead  Jones  at  the  presentation  of  Judge  Merri- 
mon's  portrait  to  the  Supreme  Court,  on  Tuesday,  IMarch  27,  1894. 


THE  BEAUTY  OF  HIS  LIFE  AND  CHARACTER. 


Without  doubt  the  strong  points  in  the  character  of  him 
of  whom  these  pages  have  sought  to  tell  were  brought  out 
prominently  in  his  life-work,  in  his  whole  career  at  the 
bar,  in  the  Senate  and  on  the  bench.  To  enlarge  upon 
them  in  description  is,  perhaps,  unnecessary,  and  yet  there 
are  in. human  character  many  minor  peculiarities,  shades 
of  temperament  and  disposition  which  the  world  knows  not 
of,  but  which  make  up  the  complete  man,  and,  blended 
with  the  more  marked  characteristics,  constitute  for  each 
one  an  individuality.  To  describe  the  delicate  fabric  of 
character  with  accuracy,  and  to  give  to  others  one's  own 
view  of  it,  and  the  significance  of  every  detail  of  its  com- 
position, is  not  an  easy  task.  By  its  fruits  the  tree  is  to  be 
judged,  and  in  a  man's  life-work  are  most  clearly  seen  the 
thoughts  and  intents  of  his  heart. 

From  the  cordial  expressions  of  his  friends,  with  refer- 
ence to  mv  father's  character,  the  emphasis  of  their  admira- 
tion seems  laid  upon  his  integrity,  his  uncompromising 
uprightness,  as  upon  the  strong  foundation  on  which  the 
sterling  qualities  of  his  character  were  built.  That  such 
were  indeed  component  parts  of  it  is  shown  in  instances 
during  his  early  life  when  he  sought  to  maintain  the  broad 
principles  of  right  and  justice  in  opposition  to  party  preju- 
dice, and,  in  the  words  of  a  friend  of  his  boyhood  days,  did 
not  allow  himself  to  be  swayed  from  the  right  by  every 
breath  of  popular  opinion.  He  was  glad  to  believe  that 
from  youth  his  attainments  were,  humanly  speaking,  the 
result  of  his  own  earnest  endeavor  and  individual  effort. 
II 


82  AUGUSTUS    SUMMERFIELD    MERRIMON. 

His  education — not  the  complete  collegiate  course  of  the 
boys  of  to-day,  but  more  rudimentary,  with  more  of  out- 
side toil  for  him  who  would  succed,  his  manual  labor  on 
the  farm,  his  first  toilsome  years  of  practice  at  the  bar, 
with  the  succeeding  difficulties  occasioned  by  the  Civil 
War — all  these  were  stepping-stones  for  him,  laboriously 
ascended  in  face  of  disadvantage  and  to  be  made  conducive 
to  still  further  advancement  God  gave  him  natural  ability ; 
he,  for  his  part,  did  not  fail  to  improve  the  talent  given 
him.  If  "the  esteem  of  our  contemporaries  is  the  highest 
reward  of  the  citizen,"  surely  that  reward  was  his  of  whom 
these  words  were  written: 

"An  incorruptible  man.  Threats  could  not  intimidate  hirn,  money  nor 
the  trappings  of  office  could  not  bribe  him.  Honesty  was  written  in  his 
ver}'  countenance;  bad  men  feared  him,  and  good  men  looked  up  to  him 
as  the  bold  and  eloquent  defender  of  their  rights  and  the  rights  of  the 
people." 

It  has  been  said  that  "There  are  four  qualifications  for 
a  Judge:  Inflexible  integrity,  intellectual  ability,  learning 
in  the  law,  and  the  judicial  temperament.  If  to  these  are 
added  long  experience  and  a  just  sense  of  the  dignity  of 
the  bench,  the  result  is  a  magistrate  teres  atque  rotiindiisy 

Whether  Judge  Merrimon  possessed  these  characteristics 
or  not  it  is  for  the  world  to  determine,  but  with  an  innate 
sense  of  justice  he  combined  the  quality  of  mercy,  a  trait 
that  should  ennoble  and  beautify  the  character  of  every 
Judge,  making  him  no  mere  mechanical  adjudicator  for  the 
people,  meting  out  a  certain  portion  of  penalty  to  every 
offender,  but  whatever  the  rulings  might  be  behind  them 
lay  the  heart's  warm  sympathy  for  the  weak  and  the 
oppressed.  The  administration  of  justice  in  such  a  man- 
ner betokens  that  spirit  which  is  destined  to  triumph  finally 
over  the  crime  of  our  land,  to  supersede  our  work-houses 


AUGUSTUS    SUMMERFIELD    MERRIMON.  83 

and  penitentiaries  and  to  circumvent  and  conquer  the  pur- 
poses of  lawlessness  by  its  own  pure  weapon — the  sword 
of  the  Spirit. 

This  trait  of  my  father's  character — sympathy  for  the 
poor  and  wretched — is  manifested  in  reading  the  words  of 
a  o-rateful  friend  who  tells  of  "a  circumstance  that  will 
never  be  effaced  from  my  memory — you  rose  from  a  bed 
of  sickness  in  very  cold  weather,  had  me  released  as  a  cap- 
tive to  return  to  a  family  in  distress." 

With  this  kindness  of  heart  and  warm,  sympathetic  nature 
there  was  combined  a  strong-  devotion  to  justice  and  regard 
for  the  rights  of  others.  These  he  respected  and  disliked 
to  see  them  infringed  upon.  He  was  courteous  and  polite 
to  high  and  low,  to  each  race,  without  distinction.  It  was 
often   that  one   might  hear  him  say  to  a  servant,    "Well 

,    have  you   said    your   prayers   to-day?"    and   again, 

talking  to  those  whose  life  was  passing  in  caste  and  scale 
much  lower  than  his  own  of  religion  and  that  which  makes 
each  human  soul  alike  in  God's  sight — a  common  burden 
of  sin.  In  his  mode  of  living,  as  in  his  charity,  he  was 
unostentatious,  and  back  of  the  mere  alms-giving  lay  the 
fellow-feeling  for  the  good  of  him  to  whom  the  charity  was 
offered.  In  the  affairs  of  daily  life  he  was  punctual  and 
methodical.  He  himself  said:  "My  rule  is  promptitude 
in  all  things,"  and  during  his  entire  term  of  service  on 
the  Supreme  Court  bench  (up  to  the  time  of  his  last  ill- 
ness) he  never  missed  a  moment  of  being  punctually  at 
his  place  on  the  opening  of  court.  Indeed,  from  early 
manhood,  duty  had  led  him  on  to  fulfill  the  requirements 
of  his  profession,  and  he  realized  that  "the  practical  law- 
yer's life  is  not  one  of  ease  and  luxury,  and  especially  in 
that  section  of  the  country."  With  good  grace  could 
he    o-ive    to    another    the    advice    bv    which    he    himself 


84  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

had    profited:     "Determine    to    overcome   every  obstacle, 
however    imposing    in     its     character     or    dimensions." 
With    respect    to    his    own    method    of   dealing  with    his 
fellow-men  he    said:    "It    is    a    rule    of   my    life    to    deal 
fairly  with  all  men  and   to  never  exact   more  than  a  fair 
compensation   for  services.      Indeed,  I  do  not  ahvays  exact 
this."      He  loved  his  profession  and   was  a  student  in   its 
realms.      In  summer,  when  the  session  of  active  duty  was 
over,  and  the  mental   toil  and  earnest  application  in   the 
work  of  the  Court  seemed  to  have  wearied  him,  he  would  still 
read  his  law-books,  review  cases,  write  opinions,  and  in  this 
way  continue  his  work,  while  in  truth  his  health  required 
absolute    mental    and    physical    rest.       Especially    during 
the  latter  part  of  his  life  did  he  seem  wedded  to  the  books  of 
his  profession — the  law,  its  philosophy  and  history.    But  this 
did  not  preclude  his  interest  in  and  fondness  for  w^orks  of 
other  kinds.    He  was  a  systematic  reader  of  the  Bible,  and  in 
his  librarv  one  mig^ht  find  manv  books  treatino^  of  the  orreat 
truths  of   religion,   the   momentous   questions   of   life,    its 
mysteries  and  its  purpose.      Liddon's  Bampton  Lectures, 
which  he  had  been  reading  shortly  before  his  last  illness, 
were   arguments   full   of   thought  and    force   to   him.      In 
lighter  literature  he  was  fond  of  Dickens  and  Thackeray, 
especially  of  the  former,  whose  alternate  pathos  and  humor 
could  touch   his  heart  and  bring  the  tears  into  his  eyes,  or 
draw  forth   his  hearty   laughter.      He  loved  to  reread  the 
scenes  that  impressed  him  in  Dickens'  graphic  word-paint- 
ing of  child-character,  the  death  of  Little  Nell,  of  Paul  Dom- 
bey  and  of   Vagabond   Joe  in   Bleak    House.      My   father 
understood   the  motive  of  the  writer  of  the  latter  scene, 
which  so  strongly  appeals  in  so  simple  a  manner  to  the 
heedless   world   that   forgets  the  wretched  dying  in  igno- 
rance about  us. 


AUGUSTUS    SUMMERFIELD    MERRIMON.  85 

This  little  note  written  to  a  friend  who  had  loaned  him 
a  tender  little  tale  of  child- life,  evidences  his  love  for  such 
pure  and  pathetic  literature: 

Dear  Samuel,  I  thank  you  for  the  opportuuity  to  read  "Misunder- 
stood." I  read  it  last  night  with  pleasure  and  tears.  It  softens  my  nature 
and  touches  my  heart.  What  a  pretty  story  of  child-life  mixed  up  with 
parental  life!  What  beautiful  thoughts  so  well  expressed  in  the  purest 
diction  I  A  storj-  of  little  children — their  natures— their  love  of  parents — 
their  longings  for  the  love  and  sympath}'  of  mother  and  father — their 
amusements— their  adventures — their  liitle  heedlessness  —their  joys — their 
heartaches — their  hopes  —their  confidence  and  trust!  And  oh,  the  loss  of 
them! 

The  little  book — a  tale  so  simple — touches  the  good  side  of  me,  and  it 
helps  me  to  see  and  appreciate  the  goodness  and  gentleness  of  your  own 
heart! 

Samuel,  ma}^  3'ou  and  I,  by  and  by,  as  we  pass  into  the  shade  or  the 
brightness  of  the  other  life,  hear  "the  voice  from  heaven  as  the  voice  of 
many  waters"  —  hear  "the  harpers  harping  with  their  harps,"  and  hear 
the  song,  "as  it  were  a  new  song, "  that  no  man  could  learn  *  -^  *  but  the 
hundred  and  fort\'  and  four  thousand  redeemed  from  the  earth."  And 
may  we  each,  though  gra}^  with  age,  like  poor  little  Humphre}',  be  able 
to  sa}',  "Has  God  sent  you  to  fetch  me  at  last.  Mother?  Oh,  Mother!  I'll 
come!     I'll  come!"     Prett}^  thought! 

The  stor\' — parts  of  it — reminds  me  of  those  of  "little  Paul  Dombey," 
"Vagabond  Joe  "  and  Little  Nell." — Did  the  writer  get  some  of  the  touch- 
ing expressions  and  pathos  from  them?     I  W'on't  say  so. 

Thank  you  for  commending  the  story  to  me. 

Yr.  friend,  A.  S.   M. 

Monday  morning,  January  7,  '89. 

But  my  father's  friendship  for  authors  in  the  world  of 
fiction  was  not  confined  to  the  writers  referred  to  above, 
for  he  had  amassed  a  valuable  collection  of  the  works  of 
the  world's  great  thinkers,  and  his  library  was  a  source  of 
deep  interest  and  pleasure  to  him.  He  understood  the 
value  of  good  books  and  their  salutary  influence  over  nar- 
row minds,  for  from  them  he  had  acquired  his  own  broad 
field  of  information  and  was  enabled  thereby  on  so  great 
a  number  of  varied  subjects  to  give  his  intelligent  and  edify- 


86  AUGUSTUS    SUMMERFIELD    MERRIMON. 

ing  opinions.  The  law  was  indeed  his  specialty,  but  by 
no  means  were  the  length  and  breadth  of  his  strono-  far- 
reaching  mental  powers  circumscribed  within  this  narrow 
limit. 

He  was  a  fluent  and  effective  speaker,  whether  in  Con- 
gressional debate,  on  the  hustings,  at  temperance  meetings, 
or  school  commencements,  full  of  earnestness  on  those 
themes  that  lay  so  near  his  heart,  and  always  with  some- 
thing to  say  that  met  some  need.  The  cause  of  temper- 
ance was  dear  to  him;  he  had  seen  the  sting  and  sin  of  the 
evil  of  intemperance  and  pronounced  it  ''the  crowning 
temporal  curse  of  humanity."  Education  for  the  masses, 
intelligent  labor  and  progress  for  all  classes  and  conditions 
of  people,  were  subjects  which  he  could  discuss  with  more 
than  theoretical  interest.  He  believed  in  the  nobility  of 
labor,  be  it  of  the  hands  or  of  the  head.  To  him  there 
was  no  degradation  in  honest  manual  toil.  The  honor  or 
dishonor  rested  upon  the  manner  of  doing  the  work,  not 
upon  the  work  itself      A  friend  said  of  him: 

"He  believed  iu  every  man's  having  a  purpose,  and  devoting  himself  to 
his  life-work  vigorously  and  earnestly.  He  never  made  a  speech  in  which 
he  did  not  strive  to  impress  upon  those  who  heard  him  the  dignity  of 
labor  and  the  beauty  of  uprightness  and  justice.  He  hated  the  distinc- 
tions which  modern  custom  puts  on  the  word  labor.  He  once  said  to  me: 
'  I  have  no  respect  for  a  man  who  does  not  work.  The  Creator  made  all 
men  to  labor,  and  the  man  who  is  an  idler,  and  who  is  not  a  laborer,  is  not 
following  the  mission  of  his  creation.  I  am  as  much  a  working  man  as  if 
I  shoved  the  plane  or  worked  on  the  farm.  I  have  worked  on  the  farm, 
but  I  never  labored  so  hard  or  became  so  fatigued  as  since  I  have 
been  a  Judge.  All  men  who  do  their  duty  are  laborers,  whether  on  the 
bench,  at  the  forge  or  in  the  field.'  *  *  ^  He  believed  in  work,  and 
he  believed  in  integrity  of  life.  He  practiced  what  he  believed.  His  life 
was  free  from  blame,  and  he  always  had  unwavering  faith  in  God." 

My  father   loved   Nature;    the  singing   birds,   the  soft, 
green  grass,  the  blooming  flowers  and  verdant  shrubs  were 


AUGUSTUS    SUMMERFIELT)    MERRIMON.  87 

sources  of  pure  pleasure  to  him ;  he  would  watch  the  graceful 
maples,  the  glossy  magnolias,  the  dense-leaved  oaks  through 
whose  branches  the  golden  sunlight  flitted,  and  the  horse- 
chestnut  trees  as  they  grew  and  expanded  year  by  year;  all 
these  were  interesting  to  him  in  their  beauty  of  growth  and 
dev^elopment.  Sometimes  when  the  roses  bloomed,  in  his 
walks  among  his  favorites,  he  would  cut  a  deep  crimson  or 
full-blown  pink  one  and  bring  it  in  to  present  to  some  one 
of  the  family  as  an  offering  beautiful  and  acceptable.  He 
loved  to  hear  the  songsters  in  the  trees,  to  watch  the  ducks 
in  their  ablutions,  or  the  playful  antics  of  the  cat,  and  to 
give  to  his  faithful  horse  and  dog  the  evidence  of  their 
master's  afi'ection  and  regard  for  the  welfare  of  his  dumb 
creatures.  It  was  but  natural  that  he  should  love  to  con- 
template the  broad  realm  of  Nature,  for  from  infancy  and 
boyhood  she  had  surrounded  him  with  her  grandest  forms 
in  mountain,  stream  and  valley.  Of  those  early  scenes 
he  says :  ' '  The  glorious  mountains !  O,  I  love  them  as  I  love 
myself." 

This  love  of  Nature  is  shown  in  letters  written  by  my 
father  to  those  who  held  the  first  place  in  his  heart  and 
whose  welfare  was  first  in  his  thoughts.  Extracts  from 
those  letters  are  given  below,  and  just  here  it  may  be  said 
that  his  writing  was  not  very  legible;  indeed,  to  some  it 
was  a  troublesome  matter  to  read  his  letters,  so  unusual 
were  the  formations  of  some  of  the  words.  "Your  writ- 
ing," wrote  a  friend,  "is  hard  to  decipher,  and  were  it  one 
of  your  'opinions'  it  might  come  very  well  under  the 
description  oi  lex  non  script a^ 

Washington,  D.  C. 

I  sit  thinking  of  home  and  the  dear  ones  there  while  I  write  these  hasty 
lines.  I  feel  lonely.  Did  3-ou  ever  feel  loneh-  with  hundreds  all  around 
3'ou?  It  is  not  always  that  the  heart  feels  cheered  by  company — mine 
often  runs  off  after  distant  ones  and  no  charms  can  call  it  back.     My 


88  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

heart  is  at  home!  And  how  dear  home  is  I  Home,  home!!  Word  that 
stirs  the  soul  with  intense  longing!  There  is  no  place  like  home!  There 
one  may  find  friends  indeed — those  who  appreciate — those  who  love  and 
sustain.  Dark  hours  and  days  ma}'  cast  their  shadows  there,  but  behind 
the  shadows — 'neath  the  rain-fall,  however  dark,  the  light  of  love  and 
sympathy  shines  on  brightl}'  and  truly.  I  often  think  of  this  and  it  affords 
me  pleasure.  Here  and  elsewhere  I  see  the  smiles  of  affected  friendship — 
I  turn  only  to  home  and  dear  ones  there,  to  find  that  love  and  friendship 
which  is  pure  and  will  never  die. 

To  his  daughter: 

I  am  glad  to  see  that  you  enjoy  contentment — that  3-ou  are  learning — 
that  you  begin  to  love  to  learn  and  that  3'ou  have  the  soft  sunshine  of 
.contentment  in  your  soul.  ^  ^  ^^  We  ought  to  draw  pleasure  from  all 
about  us— did  you  ever  think  of  this?  There  are  the  sun  and  moon  and 
stars — the  trees,  the  shrubs,  and  then  too,  especially,  flowers.  What  a 
field  flowers  afford  for  innocent  pleasure!  Then  to  do  this,  you  must 
understand  their  nature — their  form,  their  color — their  scent  and  the 
seasons  that  suit  them — all  these  things  and  more  you  must  know  of  them, 
and  you  can  learn  from  books. 

My  dear  little  daughter,  God  bless,  protect  and  direct  you  in  all  things — 
save  you  from  sorrow  and  sighing  through  all  the  pathway  of  life,  and 
after  awhile  when  3'ou  shall  quit  this  world,  I  want  you  to  be,  I  trust  3'ou 
will  be,  a  beautiful  angel  in  a  world  far  more  beautiful  than  this!  Good 
men  in  all  ages  have  firmly  believed  that  there  is  a  fairer  world  than  ours, 
and  I  love  3-ou  so  much  and  so  tenderh',  that  I  want  you  to  go  to  that 
beautiful  land.  Isaiah  says,  "And  a  highwav'  shall  be  there,  and  a  wa3', 
and  it  shall  be  called  the  way  of  holiness;  the  unclean  shall  not  pass  over 
it,  but  it  shall  be  for  them;  the  wayfaring  man,  though  a  fool,  shall  not 
err  therein.  No  lion  shall  be  there,  nor  an}-  ravenous  beast  shall  go  up 
thereon  -it  shall  not  be  found  there;  but  the  redeemed  shall  walk  there. 
And  the  ransomed  of  the  Lord  shall  return,  and  come  to  Zion  with  songs 
and  everlasting  joy  upon  their  heads;  they  shall  obtain  joy  and  gladness, 
and  sorrow  and  sighing  shall  flee  awa3\"  What  beautiful  words  and  how 
comforting!  Don't  30U  think  so?  And  would  you  not  like,  when  you 
have  to  leave  this  world,  to  go  there?  In  the  same  chapter  it  is  said, 
"The  wilderness  and  the  solitary  place  shall  be  glad  for  them;  and  the 
desert  shall  rejoice  and  blossom  as  the  rose."  What  beautiful  words  and 
thoughts!  I  almost  want  to  go  to  that  land;  don't  you?  Get  your  Bible 
and  read  the  35th  chapt.  of  Isaiah  and  tell  me  what  you  think  of  it. 

While  sitting  here  alone  in  m3'  room  a  few  moments  ago  reading,  I 
heard  some  one  in  the  parlor  not  far  off,  singing  and  playing  on  the  piano, 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  89 

''Nearer  my  God  to  Thee:'     As  the  music,  very  sweet,  fell  on  my  ears,  I 
felt  very  sad,  and  in  a  moment  my   thoughts  were   with  you  at  home. 
Reflecting  a  moment,  I  said  to  myself,  what  does  this  mean— this  idea 
"nearer  my  God  to  thee?"     What  is  God?     And  why  should  I  wish  to  be 
near  to  God?     Well,  I  have  an  idea  of  what  God  is;  but  I  fear  it  is  an 
imperfect  one;  my  notion  is,  that  God  is  the  incomprehensible — supreme 
in  all  respects— being— existence — that  made  all  things— that  upholds  all 
things — that   fills   eternity — that    always   existed — that    exists   now   and 
always  will  exist  in  absolute  perfection,  however  or  by  whomsoever  con- 
sidered or  thought  of.     And   He  made  all  things  well,   for  a  purpose,  a 
wise  and  good  purpose.     He  made  us,   you  and  me,  for  a  good  and  wise 
purpose,    that  we  might   obey  the  laws  prescribed  for  our  government 
*     "     *     if  we  observe  the  course  of  conduct  He  has  prescribed  for  us, 
our  nature  will  be  in  absolute  harmony  with  His.— Our  object  ought  to  be, 
to  make  our  nature  harmonize  with  His  nature.     ^     *     *     We  desire  to  go 
towards  that  rule  of  perfect  conduct — in  doing  so,  we  must  get  nearer 
to   God,    and   hence   the  song   says,    "Nearer    my   God  to   Thee" — that 
is,  nearer  to  a  perfect  observance  of  Thy  will — Thy  law!     I  am  sure,  when 
I   consider  our  nature- our  wants— our  desires — our   requirements — the 
consistency  and  harmony  that  ought  to  prevail  in  human  conduct — that 
we   may    come   to   desire   that   the    zuill  of  God   be   done;    the   perfect 
zuill  of  God  be  done.     I  can  see  and  understand  that  the  doing  that  will 
implies  blessedness,  happiness,  and  that  there  is  no  happiness  without 
this.     *     *     *     Why  is  it,  seeing  these  things,  that  w^e  will  not  observe 
this  perfect  law— will  of  God?     Ah,  this  is  a  grave  question,  and  to  me  it 
implies  a  great  mystery.     Why  should  we  wish  to  do  wrong,  when  we 
know  that  the  consequence  of  so  doing  is  misery,  unhappiness,  discon- 
tent!    Can  you  tell  me?     See  if  you  can.     «     *     -     Why  should  any  one 
lie,  swear,  steal  and  do  a  thousand  things  that  bring  shame— disgrace  and 
misery  ?     Is  it  not  strange  indeed,  that  thousands  do  so  ?     And  why  will  we 
not  practice  virtue  in  all  our  acts  and  thoughts — sincerity,  honesty,  upright- 
ness in  all  things,  especially  when  we  see  that  from  such  a  course  of  con- 
duct come  peace,  confidence,  comfort,  ease  of  conscience!     How  confident, 
how  trustful,  how  respectable,  how  fearless,  is  he  who  has  conscious  inno- 
cence !     I  think   that  many  persons  do  wrong  from  carelessness — from 
inadvertence— they  do  not  reflect  upon  what  is  right— they  contract  habits 
of  doing  wrong  and   one  wrong  leads  to  doing  another.     *     *     *     We 
ought  to  think  of  our  acts  before  we  do  them — look  at  the  nature  of  them 
and  the  consequences  to  flow  from  them — and  this  question  should  always 
be  present  in  our  minds — is  this  right — can  I  stand  by  this  proposed  act  ? 
If  we  would  be  thus  careful,  I'm  sure  we  would  be  much  better  than  we 
are.     The  birds  sing     *     -^     *     they  follow  out  the  law  of  their  nature. 
*     *     *     why  may  not  you  do  so  too  ?     See  the  flowers  that  you  love — 
12 


90  AUGUSTUS    SUMMERFIELD    MERRIMON. 

they  follow  the  law  of  their  nature — the  law  of  God — how  beautiful  the}^ 
are — they  do  their  office — why  may  you  not  do  the  same  and  be  more 
beautiful  than  they  ? 

I  want  you  to  be  ever  glad  and  bright — then  you  will  make  3'our  mother 
and  me  so.  If  I  hear  a  bird  sing  cheerih',  I  feel  encouraged  and  cheered; 
don't  you?  Strive  to  make  all  about  3'ou  happ\-;  lift  up  N-our  soul — live 
while  you  may  and  make  the  most  and  best  of  life! 

On  the  death  of  his  wife's  sister: 

I  can  well  understand  that  you  are  sorrowful  and  gloomy— that  you  all 
are  so.  But  it  is  not  well  to  give  way  too  much  to  gloom  —  God  has  spoken 
— He  knows  best.  We  should  submit  to  His  supreme  will,  and  learn  from 
such  manifestations  of  His  Providence,  the  deepest  wisdom.  B3'  and  by, 
we  too  must  pass  the  like  solemn  test.  Shall  we  be  ready?  Let  us  so 
square  our  lives,  that  in  the  end,  we  can  pass  from  this  life  quietly  with 
confidence  and  living  hope! 

To  his  son  at  school: 

Be  sure  to  read  your  Bible  regularly.  From  it  \-ou  can  get  rich  stores 
of  information  that  will  fit  you  to  live  and  die.  Do  not  wait  to  see  what 
others  do  in  this  respect. — You  must  set  the  example. 

This  is  my  birthday.  This  day  I  am  fifty  three  years  old!  And  how 
little  I  have  accomplished  in  life  for  myself,  for  my  famil}-,  for  societ}' 
and  for  God!  I  feel  sad  indeed,  while  I  reflect  how  much  I  might  have 
done  and  how  little  I  have  gotten  out  of  life!  But  still,  my  life  has  been 
one  of  constant  labor. — I  have  not  known  what  are  commonly  called  the 
pleasures  of  life.  I  have  sought  for  that  I  have  not  gained.  I  have  how- 
ever, one  comforting  reflection— I  have  not  brought  reproach  on  the  name 
I  bear — if  m}-  famih'  and  friends  have  no  reason  to  be  proud  of  me,  they, 
on  the  other  hand,  need  not  blush  for  me.  I  might  have  done  more  and 
better;  I  might  have  done  less  and  worse.  O,  that  I  had  done  more!  — As 
I  stand  at  this  point  in  life's  way,  I  ask  myself  the  solemn  question,  what 
shall  the  future  be?  How  shall  I  go,  in  what  way,  what  shall  I  do,  to 
accomplish  most — how  shall  I  most  surely  extract  the  juice — the  essence^ 
of  the  renmant  of  life  left  to  me?  How  shall  I  ennoble  my  own  life,  how 
shall  I  benefit  and  bless  my  family  and  society,  and  above  this,  how  shall  I 
get  nearer  to  God?  I  want  to  do  what,  under  nature  and  God,  I  ought  to 
do.  But  I  am  weak  and  ignorant — I  go  stumbling  along  in  the  dark, 
through  doubt  and  apprehension.  What  shall  I  do,  how  shall  I  do  to  fill 
the  measure  of  dut}' — of  life!  My  prayer  is,  that  God  will  help,  strengthen 
and  direct  me!  —I  realize  that  life  is  lapsing  fast — at  most,  I  must  go  hence 


AUGUSTUS    SUMMERFIELD    MERRIMON.  91 

before  a  long  while,  and  O  where?— My  life  is  chastened  by  the  departure 
of  dear  ones,  I  shall  see  no  more,  certainly,  in  this  life.  I  find  myself 
constantly  thinking  of  them,  and  asking  myself  the  question,  when  shall  I 
wo  hence  too?  *  *  ^  I'll  put  these  things  behind  me,  and  go  forward 
with  an  honest  purpose,  and  a  firmer  resolution  and  courage,  to  do  life's 
duty!  That  is  it— to  do  one's  duty!  One's  honest  duty!  I  shall  do  all  I 
can  for  my  family,  all  I  can  for  society— all  I  can  for  God! 

The  day  is  bright  and  glorious!  I  feel  impressed  by  it.  The  earth,  the 
sunshine,  the  trees,  the  shrubs,  the  grass,  the  songs  of  the  birds,  all  things 
seem  so  calm,  so  peaceful— a  spirit  of  worship  seems  to  fill  the  air! 
-  -  *  I  think,  I  feel  that  God  is  great— that  God  is  good!  And  I  send 
you  salutations  of  peace  and  love!  The  shrubs,  the  flowers,  the  trees 
look  charmingly  and  gladden  my  eyes  whenever  I  look  upon  them. 
Just  at  daybreak,  I  hear  the  concert  of  birds— how  sweet  and  cheerful— 
they  seem  to  be  singing  morning  songs  to  God!  How  happy  they  are! 
They  cheer  me.  I  lie  and  listen  and  listen,  and  think  of  dear  Mary  and 
her  sweet  songs  and  long  to  see  her. 

Very  nearly  akin  to  this  love  of  Nature  lay  my  father's 
fondness  for  sweet,  soulful  music,  for  songs  that  dwelt 
upon  the  purest  themes  and  those  that  told  of  Heaven. 
Among  his  favorites,  were  "My  Ain  Countrie,"  ''Nearer 
my  God  to  Thee,"  "On  Jordan's  Stormy  Banks  I  Stand," 
and  "Jesus,  I  my  Cross  Have  Taken."  On  the  Sabbath, 
his  work  laid  aside,  he  nsually  attended  the  church  of  his 
preference,  the  Edenton  Street  Methodist  Episcopal  Church, 
South.  However,  he  was  not  bigoted  with  respect  to  this 
preference,  but  often  enjoyed  worshiping  with  the  members 
of  other  denominations.  If  on  the  Sabbath  he  failed  to 
attend  service  for  some  reason  he  deemed  a  sufficient 
hindrance  he  would  read  his  Bible,  the  Psalms — David's 
beautiful  soul-cries,  and  John  Wesley's  Sermons.  The  latter 
sometimes  he  would  read  aloud  for  the  benefit  of  whoever 
might  be  with  him.  Hall's,  Marvin's  and  Bascom's  Ser- 
mons were  among  his  favorites  also,  but  the  fertile  mind 
of  Wesley  seemed  to  bring  forth  more  fully  and  clearly 
that  which  satisfied  his  need.      Up  to  a  short  time  before 


92  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

his  release  from  the  flesh  he  had  not  formally  connected 
himself  with  the  Church;  but  his  mind  had  been  deeply 
engaged  upon  the  weighty  questions  of  eternity  and  of  the 
salvation  of  human  souls.  He  was  an  honest  man;  his 
honesty  was  apparent  in  this,  the  most  serious  question  of 
his  life;  and  he  had  deferred  taking  the  vows  of  the  Church 
until,  from  his  inmost  soul,  with  the  faith  of  a  little  child, 
without  which  none  shall  enter  the  Kingdom  of  Heaven,  he 
could  repeat  those  solemn  words. 

This  was  indeed  the  crowning  beauty  of  his  life,  the 
summit  of  its  achievement.  Like  Newton,  it  seems  that  he 
realized  that  man's  wisdom  is  but  the  shadow  of  God's 
knowledge — yea,  foolishness  with  him;  that  the  highest 
pinnacle  of  human  attainment  is  but  a  feeble  elevation 
from  which  the  mind  can  more  clearly  perceive,  though  in 
but  meagre  part,  God's  infinite  love  and  plan  and  purpose. 

Physically  my  father  had  been  a  man  of  robust  health, 
stout  but  strono  and  vig-orous  before  disease  laid  its  deadlv 
hand  upon  him,  and  then  the  change  was  but  a  gradual 
one.  His  face  and  head  were  finely  shaped.  His  brow 
was  broad  and  high  and  his  countenance  frank  and  gentle, 
with  an  underlying  expression  of  strength  and  firmness. 
But  the  face  became  thinner  as  the  days  passed  on,  and 
paler;  the  body  was  yielding  to  the  demands  of  a  too 
incessant  mental  labor,  insomuch  that  he  was  forced  to  con- 
sult a  specialist  of  Philadelphia.  The  case  did  not  seem 
critical,  and  with  proper  mental  rest  it  was  thought 
that  good  effects  would  result.  Dyspepsia,  an  old  enemy, 
troubled  him  greatly;  the  sorely  needed  rest  was  not 
taken,  and  work  went  on  apparently  unwearyingly  until 
the  tired  frame  refused  to  obey  the  will,  and  on  the 
14th  day  of  September,  1892,  he  lay  down  to  obtain  the 
rest  he  had  denied  himself  so. long.      The  immediate  cause 


AUGUSTUS    SUMMERFIELD    MERRIMOX.  93 

of  his  illness  was  malaria,  and  in  his  weakened  condition  the 
old  disease  that  had  troubled  him  for  several  years  gained 
ascendancy  of  Nature's  recuperative  powers.  Sciatica  and 
dyspepsia  added  serious  discomfort,  and  the  proper  nourish- 
ment that  he  could  receive  failed  to  build  up  the  fast  ebbing 
strength.  For  eight  long,  weary  weeks  the  once  powerful 
frame  sou^rht  earnestlv  to  free  itself  from  the  shackles  of 
disease  and  to  rise  to  vigor  and  freedom  again.  How  anx- 
ious he  was  to  be  up,  pursuing  his  duty  at  Court  and  bear- 
incr  his  share  of  the  burden  there!  How  often  the  work 
seemed  present  to  his  thoughts,  when,  even  in  the  wander- 
ings of  his  mind,  he  addressed  the  imaginary  client,  or 
spoke  in  pitying  tones  of  one  wdiose  cause  had  failed,  "a 
poor  woman."  Propped  up  with  pillows  and  sustained  by 
strong,  loving  arms,  in  face  of  the  opposition  of  physician 
and  loved  ones,  he  signed  the  licenses  for  the  law  students 
who  were  at  that  time  to  be  examined.  That  trembling, 
faithful  hand  as  it  traced  those  wavering  lines  sought  in 
the  hour  of  weakness,  wnth  the  signs  of  ebbing  life  upon 
that  pallid  face,  to  be  true  to  the  trust  his  people  had  com- 
mitted to  him.  It  was  remarked  how  patiently  he  bore  the 
pain  and  discomfort  of  his  illness,  how  patiently  he  waited 
to  be  up  and  at  his  work  again.  His  clothes  w^ere  brought 
out  at  his  request,  ready  that  he  might  put  them  on.  Ah, 
he  resumed  them  no  more!  xA.nd  when  hope  seemed  fading 
away  he  spoke  of  giving  place  to  another  who  could  serve 
the  people  in  his  stead  and  do  the  work  which  he  felt  should 
be  done. 

"It  is  honest  and  honorable,"  he  said,  forgetful,  it  would 
seem,  of  his  own  labors  and  deserts,  and  thoughtful  of  the 
good  of  the  State  and  the  accomplishment  of  the  work  of 
its  judiciary. 

What  thoughts  were  sometimes  his,  as  he  lay  with  closed 


94  AUGUSTUS    SUMMERFIELD    MERRIMOX. 

eyes,  are  revealed  to  us  in  these  words,  which  he  was  heard 
repeating:  "My  God!  I  worship  and  adore  Thee;  I  trust 
in  Thee!  I  will  be  ready  when  Thou  callest  me  hence — 
in  Thine  own  good  time." 

On  the  afternoon  of  November  2d  he  made  the  following 
statement  to  his  pastor,  Rev.  J.  N.  Cole,  who  took  the 
words  down,  as  nearly  as  he  remembered  them,  after  leav- 
ing the  sick-room: 

"Mr.  Cole,  I  don't  know  whether  I  am  to  live  or  to  die,  but  I  think  I 
am  getting  close  to  the  end. 

"I  am  prepared  to  die.  I  am  read}-  for  the  great  event.  I  am  not 
afraid  to  die.  And  the  ground  of  ni}-  preparation  is  faith  in  the  Lord  Jesus 
Christ.     He  is  everything  in  salvation. 

"I  want  you  to  receive  me  into  the  Methodist  Church.  I  am  a  Metho- 
dist. My  whole  life  has  been  in  the  s3-mpathy  and  love  of  Meth- 
odism. And  I  want  3'ou  to  announce  next  Sunday,  without  ostentation, 
that  Judge  Merrimon  has  been  received  into  the  Methodist  Church;  that 
I  am  not  able  to  come  to  the  church,  but  desire  to  have  this  announce- 
ment made  because  it  is  proper  that  it  should  be  made." 

On  the  next  day  he  assumed  the  vows  of  the  Methodist 
Church,  and  with  her  who  had  been  his  beloved  companion 
in  life's  journey  since  his  boyhood,  and  with  those  who 
loved  him,  he  partook  of  the  blessed  sacrament  of  the 
Lord's  Supper.  His  faith  was  firm  and  bright,  and  he  was 
waiting,  yea,  ready,  for  God's  wnll  to  be  done. 

About  a  w^eek  before  the  end  some  of  his  favorite  songs 
were  sung  to  him,  and  he  repeated  to  the  nurse  a  verse  of 
one  of  them  that  seemed  inexpressibly  beautiful  to  him: 

"An'  these  sights  an'  these  sounds  will  as  naething  be  to  me, 
When  I  hear  the  angels  singin',  in  my  ain  countrie. " 

How  soon  he  heard  that  song  of  inexpressible  beauty! 
On  the  morning  of  the  14th  of  November,  1892,  ere  the 
sun  had  gladdened  the  earth   with   his  morning  rays,  the 


AUGUSTUS    SUMMERFIELD    MERRIMON.  95 

soul  of  Augustus  Mcrrimon  passed  into  the  presence  of  the 
Sun  of  Righteousness  and  into  the  realization  of  the  beau- 
tiful words  he  had  so  often  read: 

"I  will  behold  Thy  face  in  righteousness:  I  shall  be  satisfied,  when  I 
awake,  with  Thv  likeness." 


96  AUGUSTUS    SUMMERFIELD    MERRIMON. 


"Spirit!     Thy  labors  are  o'er, 
Thy  term  of  probation  is  run, 
Thy  steps  are  now  bound  for  the  untrodden  shore 
And  the  race  of  immortals  begun. 

"Spirit!     Look  not  on  the  strife 

Or  the  pleasures  of  earth  with  regret, 
Pause  not,  on  the  threshold  of  limitless  life, 
To  mourn  for  the  da}-  that  is  set. 

"Spirit!     No  fetters  can  bind. 

No  wicked  have  power  to  molest. 
There  the  weary  like  thee — the  wretched,  shall  find 
A  haven — a  mansion  of  rest. 

"Spirit!     How  bright  is  the  road 

For  which  thou  art  now  on  the  wing. 
Thy  home  it  will  be  with  thy  Saviour  and  God, 
Their  loud  hallelujah  to  sing."* 


*A  favorite  of  my  father's. 


REMARKS  OF  HON.  WALTER  CLARK  AT  THE 
MEMORIAL  MEETING  OF  THE  BAR. 


NOVEMBER  23,   1892. 


Mr.  Chairman:— It  was  said  by  one  of  old  that  the  "friendship  of  a 
good  man  is  a  gift  from  the  gods."  For  j'ears  I  had  known  Judge  Merri- 
nion  at  the  bar,  and  later  as  a  Judge  of  this  Court.  But  for  the  last  three 
years  it  was  my  fortune  to  know  him  most  intimately.  Side  by  side  at 
the  hearing  of  causes  and  in  the  consultation  chamber,  and,  as  our  homes 
lay  in  the  same  direction,  almost  daily  in  our  walks  to  and  from  this 
place,  I  came  to  know  him  well.  Not  in  the  language  of  eulogy  and 
admiration,  but  in  the  sober  words  of  truth  and  justice,  he  was  one  of  the 
best  and  truest  and  noblest  men  I  have  ever  known.  He  bore  malice  to 
none.  Of  injuries  to  himself  he  retained  no  recollections.  To  those  who 
knew  him  well  there  was  a  singular  lovableness  in  the  simplicity  of  his 
character.  He  was  broad  and  catholic  in  his  views  of  men  and  things. 
At  all  times  he  possessed  the  courage  of  his  convictions,  and  more  than 
once  or  twice  with  him  "the  path  of  duty  proved  the  way  to  glory." 

He  loved  his  fellow-men.  He  was  essentially  a  man  of  the  people.  He 
earnestly  desired  their  best  good.  Instinctively  the  masses  understood 
him.  Few  men  have  ever  lived  in  this  State  who  have  so  completely  com- 
manded their  respect  and  their  entire  confidence.  And  none  have  more 
deserved  it.  "To  the  last  he  kept  the  whiteness  of  his  soul,  and  so  men 
mourn  over  him."  He  first  saw  the  light  in  Transylvania,  in  the  midst 
of  that  glorious  land  of  peak  and  valley, 

"Where  the  heart  of  Nature 
Beats  strong  amid  her  hills." 

There,  as  Burns  said  of  the  Poetic  Genius  of  Scotland,  the  guardian 
Fate  of  his  native  State  "Found  him  at  the  plow  and  threw  her  inspiring 
mantle  over  him."  From  that  moment  to  the  scene  which  was  his  latest 
he  was  alwa3^s  found  in  the  path  of  duly  and  honor.  From  the  hour  he 
entered  public  life  his  State  heaped  her  honors  upon  him,  refraining  not 
from  the  very  highest  and  rarest  in  her  gift,  nor  until,  with  the  slow 
moving  feet  of  those  who  bear  the  dead,  and  with  the  voice  of  them  that 
wept,  from  this  chamber  where  they  lay  in  state,  the  mortal  remains  of 
the  seventh  Chief  Justice  of  this  Court  were  borne  in  honor  to  their  last 

13 


98  AUGUSTUS    SUMMERFTELD    MERRIMOX. 

resting-place.  Though  not  an  old  man,  barely  turned  of  three  score,  he 
has  departed  full  of  honors,  while  the  friends  who  began  the  march  of  life 
with  him  have  been  scattered  like  leaves  in  w'intry  weather. 

North  Carolina  has  long  since  made  up  her  verdict  upon  the  character 
and  services  of  this,  her  son.  No  blemish  in  the  course  of  a  long  and 
splendid  public  career  ever  attached  to  his  name. 

In  the  Senate  of  the  United  States  he  so  bore  himself  that  none  could 
doubt  that  he  had  no  other  end  in  view  than  to  serve  the  best  interests  of 
his  State  and  countr3\  After  he  had  retired  from  the  Senate,  one  Gov- 
ernor, with  universal  public  applause,  placed  him  on  this  Court,  and 
another  gave  him  its  chief  place.  Both  appointments  were  unanimously 
indorsed  by  the  conventions  of  the  Democratic  part}',  to  which  he  belonged, 
and  were  ratified  b}'  overwhelming  majorities  at  the  polls. 

The  report  of  the  committee  has  so  complete!}'  outlined  the  leading 
events  of  his  career  that  it  would  be  repetition  to  refer  to  them,  nor  shall 
I  allude  to  that  record  of  his  industry  and  talents  which  is  to  be  found  in 
twenty-two  volumes  of  the  Reports  of  this  Court. 

We  cannot  but  be  struck  with  the  rapid  changes  which  have  succeeded 
one  another  on  the  bench  w^here  he  sat.  In  the  last  quarter  of  a  century 
there  has  been  a  vacancy,  on  an  average,  every  year  and  a  half.  In  the  last 
three  years  three  of  its  five  members  have  been  removed  by  death.  In 
some  respects  the  public  lives  of  all  three  bore  a  resemblance.  Each  of 
the  three,  before  coming  upon  this  bench,  had  represented  his  State  in 
the  National  Councils  at  Washington,  and  each  had  come  from  that  ordeal 
with  fame  untarnished  and  without  so  much  as  the  smell  of  fire  on  his 
garments.  With  Judge  Davis  his  relations  had  been  especially  close. 
Together  for  years  at  Washington,  where  one  sat  in  the  Senate,  while  the 
other  was  in  the  House,  they  were  later  reunited  on  the  bench  of  this  Court, 
where  they  sat  side  by  side  for  many  years,  and  almost  together  they  went 
down  into  the  tomb.  "Lovely  and  pleasant  in  their  lives,  in  death  they 
were  not  divided." 

A  few  weeks  since  some  of  us  stood  with  the  Chief  Justice  amid  the 
thronging  crowd  when  upon  the  lonely  hill-side  amid  the  sighing  pines 
the  body  of  his  friend  and  ours  was  laid  to  rest.  And  now  he,  too,  has 
passed  beyond  our  gaze.  Thus  we  are  again  brought  face  to  face  with  the 
great  Mystery.  They  whom  so  lately  we  met  in  these  walls,  and  with 
whom  we  talked  as  man  to  man,  will  return  no  more.  In  which  of  yon 
wheeling  worlds  now  move  those  deathless  souls,  those  inextinguishable 
spirits,  which  yesterday  knew  as  little  of  the  future  as  ourselves,  but  which 
now  in  wider  intelligence  survey  the  vast  orbit  of  creation?  Or  is  it  in 
some  more  distant  world,  far  removed  from  mortal  sight,  that  they  await 
the  final  trump  of  the  resurrection?  In  vain  we  ask  these  questions — 
but  again  and  again  as  the  portal  swings  wide  open  and  with  never-ceas- 


AUGUSTUS    SUMMERFIELD    MERRIMON.  99 

ing  tramp  brother  after  brother  passes  down  and  out  into  the  illimitable 
beyond,  humanity  asks  the  ever-repeated,  uever  answered  question — 
whither? 

"We  know  not  where  His  islands  lift 
Their  fronded  palms  in  air — 
We  only  know  we  cannot  drift 
Beyond  His  love  and  care." 

Beyond  reproach  and  above  suspicion,  they  were  both  an  honor  to  their 
profession,  which,  foremost  at  all  times  in  contests  for  civil  liberty,  can  in 
reply  to  its  calumniators  always  point  with  pride  to  such  as  they  in  full 
rebuke  to  those  who  would  assail  the  high  standard  of  its  integrity.  If 
pure-hearted,  honest  men  are  "the  noblest  work  of  God,"  North  Carolina 
has  had  no  nobler  sons.     We  believe  them  now 

"Something  far  advanced  in  state." 

They  went  not  hence  suddenly  and  without  warning.  Life's  duty  done, 
their  life-work  crowned,  laying  aside  the  troubles  and  sorrows  which  infest 
this  pitiful  life  of  ours  while  the  full  orb  of  their  being  was  slowly  sinking 
to  its  setting,  calmly  under  the  lengthening  shadows  of  the  sunset,  their 
spirits  lingered  by  the  shore;  but 

"When  the  gorgeous  sun  illumed  the  eastern  skies 
They  passed  through  glory's  morning  gate 
And  walked  in  paradise." 

The  poet  of  paganism  who  lives  amid  the  blaze  of  the  now  expiring 
nineteenth  century  tells  us — 

"Pale  beyond  porch  and  portal, 

Crowned  with  calm  leaves,  she  stands, 
Who  gathers  all  things  mortal 
In  cold,  immortal  hands." 

But  death  is  not  immortal.  There  was  a  time  when  it  w^as  not,  and 
hence  there  must  come  a  day  when  it  shall  surely  cease  to  be.  Yet,  were 
it  true  that  there  is  no  future  for  the  soul,  there  would  still  be  an  immor- 
tality for  the  good  deeds  whose  influence,  perpetuated  by  one  generation 
acting  upon  the  next,  shall  live  in  ever  widening  circles  as  "the  great 
world  spins  forever  down  the  ever  ringing  grooves  of  change."  Our 
brethren  are  not  dead  to  us.  For  us  they  still  live,  move  and  breathe  in 
the  example  and  the  influence  of  noble  lives,  and  these  things  can  never 
die. 

"Were  a  star  quenched  on  high 
For  ages  would  its  light, 
Still  traveling  downward  from  the  sky 
Bless  our  mortal  sight: 

"So  when  a  good  man  dies. 
For  years  beyond  our  ken 
The  light  he  leaves  behind  him  lies 
Upon  the  paths  of  men." 


100  AUGUSTUS    SUMMERFIELD    MERRIMON. 

As  I  repeat  these  lines,  Mr.  Chairman,  I  know  that  there  comes  back  to 
you  those  well  remembered  words  of  Tacitus,  in  speaking  of  one  who  in 
his  day  also  deserved  to  be  remembered  well  of  his  countrymen.  Said  he 
in  the  sonorous  tongue  of  old  Rome: 

''  Quidguid  ex  eo  amavinius,  quidquid  adniirati  siii/ius,  nianet,  inan- 
surumque  est  in  eternitate  teniporutn  et  fama  reruni  " — 

'*  Whatsoever  of  him  we  have  loved,  whatsoever  of  him  we  have  admired, 
remains  and  will  remain  in  the  eternity  of  time,  and  in  the  fame  of  his 
deeds." 

Judge  Merrimon  was  long  an  anxious  and  earnest  seeker  after  the 
eternal  truth.  It  was  a  subject  on  which  he  loved  to  discourse.  Of 
him  it  might  have  been  said  in  those  enduring  lines: 

"I  pray  thee,  then,  he  said, 
Write  me  as  one  that  loves  his  fellow-men — 
The  angel  wrote  and  vanished.     The  next  night 
It  came  again  with  a  great  awakening  light. 
And  showed  the  names  whom  love  of  God  had  blessed. 
And  lo!  his  name  led  all  the  rest." 

In  his  last  illness  the  longing  of  his  heart  was  gratified,  and  he  found 
that  peace  which  passeth  all  understanding.  The  star  of  his  life  went 
not  down  behind  the  darkened  west,  but  it  set  like  the  morning  star, 
which  melts  in  the  brightness  of  the  coming  day. 

These  are  not  idle  ceremonies.  The  lives  of  good  men  are  not  lived  in 
vain.  A  State  does  well  to  arouse  the  emulation  of  the  rising  generation 
by  the  example  of  those  who  have  served  the  people  faithfully  and  well. 
Rome  and  Greece  filled  their  temples  and  porticos  with  busts  and  paint- 
ings of  their  illustrious  dead.  We  can  at  least  place  before  the  living  the 
simple  but  truthful  stor}^  of  those  who,  in  the  hours  of  danger  and 
threatened  disaster,  by  their  eloquence  and  their  moral  courage  upheld 
the  wavering  cause  of  civil  libert}-,  and  who,  spurning  every  temptation, 
found  their  reward  in  the  gratitude  of  an  admiring  people,  and  reached 
the  highest  honors  of  the  republic. 

Here  below  our  deceased  friend  is  henceforth  only  a  recollection,  and 
if,  unlike  wealthier  commonwealths,  we  cannot  turn  his  features  into  liv- 
ing bronze  or  monumental  marble,  let  his  memory  and  the  memory  of 
such  as  he  be  copied  in  the  lives  and  deeds  of  those  who  shall  come  after 
us.  Then  when  hereafter  shall  come  days  of  danger  and  disaster,  then 
when  shall  come,  as  come  to  us  they  must,  days  of  evil,  there  shall  be  still 
men  like  unto  him  in  the  land,  and  our  people  shall  not  need  to  cry  out 
in  -vain  and  hopeless  agony,  as  so  many  nations  have  done,  "Oh!  for  the 
touch  of  a  vanished  hand,  and  the  sound  of  a  voice  that  is  still." 


And  I  heard  a  voice  from  heaven  saying  unto  me^  IVrite^ 
Blessed  are  the  dead  zvhich  die  in  the  Lord  from  henceforth: 
Yea,  saith  the  Spirit,  that  they  may  rest  from  their  labours; 
and  their  zuorks  do  follozu  them.  *  *  *  A^td  they  shall 
see  his  face;  and  his  name  shall  be  in  their  foreheads.  And 
there  shall  be  no  night  there;  and  they  7ieed  no  candle, 
neither  light  of  the  sun;  for  the  Lord  God  give th  the^n  light: 
and  they  shall  reign  for  ever  and  ever. — Rev.  xiv:i3; 
XXII :  4,  5. 


